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be obtained;
for example, the tenant's right to insure, or his insuring in an office
or in names not authorized in the lease. And you should not rely upon
the mere fact of the insurance being correct at the time of sale: there
may have been a prior breach of covenant, and the landlord may not have
waived his right of entry for the forfeiture." And where any doubt of
this kind exists, the landlord should be appealed to.
2697. Interest on a purchase is due from the day fixed upon for
completing: where it cannot be completed, the loss rests with the party
with whom the delay rests; but it appears, when the delay rests with the
seller, and the money is lying idle, notice of that is to be given to
the seller to make him liable to the loss of interest. In law, the
property belongs to the purchaser from the date of the contract; he is
entitled to any benefit, and must bear any loss; the seller may suffer
the insurance to drop without giving notice; and should a fire take
place, the loss falls on the buyer. In agreeing to buy a house,
therefore, provide at the same time for its insurance. Common fixtures
pass with the house, where nothing is said about them.
2698. There are some well-recognized laws, of what may be called
good-neighbourhood, which affect all properties. If you purchase a field
or house, the seller retaining another field between yours and the
highway, he must of necessity grant you a right of way. Where the owner
of more than one house sells one of them, the purchaser is entitled to
benefit by all drains leading from his house into other drains, and will
be subject to all necessary drains for the adjoining houses, although
there is no express reservation as to drains.
Thus, if his happens to be a leading drain, other necessary drains may
be opened into it. In purchasing land for building on, you should
expressly reserve a right to make an opening into any sewer or
watercourse on the vendor's land for drainage purposes.
2699. CONSTRUCTIONS.--Among the cautions which purchasers of houses,
land, or leaseholds, should keep in view, is a not inconsiderable array
of _constructive_ notices, which are equally binding with actual ones.
Notice to your attorney or agent is notice to you; and when the same
attorney is employed by both parties, and he is aware of an encumbrance
of which you are ignorant, you are bound by it; even where the vendor is
guilty of a fraud to which your agent is privy, you are responsible
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