es very onerous, and to be
avoided, where it is possible, by a prudent lessee.

2704. A lease for any term beyond three years, whether an actual lease
or an agreement for one, must be in the form of a deed; that is, it must
be "under seal;" and all assignments and surrenders of leases must be in
the same form, or they are _void at law_. Thus an agreement made by
letter, or by a memorandum of agreement, which would be binding in most
cases, would be valueless when it was for a lease, unless witnessed, and
given under hand and seal. The last statute, 8 & 9 Vict. c. 106, under
which these precautions became necessary, has led to serious
difficulties. "The judges," says Lord St. Leonards, "feel the difficulty
of holding a lease in writing, but not by deed, to be altogether void,
and consequently decided, that although such a lease is void under the
statute, yet it so far regulates the holding, that it creates a tenancy
from year to year, terminable by half a year's notice; and if the tenure
endure for the term attempted to be created by the void lease, the
tenant may be evicted at the end of the term without any notice to
quit." An agreement for a lease not by deed has been construed to be a
lease for a term of years, and consequently void under the statute; "and
yet," says Lord St. Leonards, "a court of equity has held that it may be
specifically enforced as an agreement upon the terms stated." The law on
this point is one of glorious uncertainty; in making any such agreement,
therefore, we should be careful to express that it is an agreement, and
not a lease; and that it is witnessed and under seal.

2705. AGREEMENTS.--It is usual, where the lease is a repairing one, to
agree for a lease to be granted on completion of repairs according to
specification. This agreement should contain the names and designation
of the parties, a description of the property, and the term of the
intended lease, and all the covenants which are to be inserted, as no
verbal agreement can be made to a written agreement. It should also
declare that the instrument is an agreement for a lease, and not the
lease itself. The points to be settled in such an agreement are, the
rent, term, and especially covenants for insuring and rebuilding in the
event of a fire; and if it is intended that the lessor's consent is to
be obtained before assigning or underleasing, a covenant to that effect
is required in the agreement. In building-leases, usually granted f