n his client's behalf, since a purchaser is,
under the Conveyancing Act 1881, safe in paying the purchase-money to a
solicitor producing a deed so executed, when it contains the usual
acknowledgment by the vendor of the receipt of the money. Upon the
completion, the documents of title are handed over except in the case
above referred to, and any claims between the parties in respect of
interest upon the purchase-money, apportioned outgoings, or otherwise,
are settled. The conveyance is, of course, delivered to the purchaser,
upon whom rests the obligation of affixing the proper stamp--which he
may do without penalty within thirty days after execution (Stamp Act
1891). It may be added that, subject to any special bargain, which is
rarely made, the costs of the execution by the vendor and other parties
whose concurrence is necessary, and of any act required to be done by
the vendor to carry out his contract, are borne by the vendor.
Leases.
Ordinary leases at rack-rents are not generally preceded by a formal
agreement, such as is common on a sale of land, or by an investigation
into the lessor's title. As a rule, the principal terms are arranged
between the parties, and embodied with various ancillary provisions in a
draft lease, which is prepared by the lessor's advisers and submitted to
the lessee, the ultimate form and contents of the instrument being
adjusted by negotiation. If an intending lessee desires to examine the
title he must make an express bargain to that effect, for under a
contract to grant a lease the intended lessee is not entitled, in the
absence of such express stipulation, to call for the title to the
freehold (Vendor and Purchaser Act 1874). By the Statute of Frauds all
leases, except leases for a term not exceeding three years, and at not
less than two-thirds of the rack-rent, were required to be in writing.
And now by the Real Property Act 1845, leases required by law to be in
writing are void _at law_ unless made by deed. An instrument, void as a
lease under the act, may, however, be valid as an agreement to take a
lease; and since the Judicature Act 1873, under which equitable
doctrines prevail in the High Court, a person holding under an agreement
for a lease, of which specific performance would be granted, is treated
in all branches of that court as if such a lease were already executed.
Unless otherwise agreed, a lease is always prepared by a lessor's
solicitor at the expense of the les
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