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Tenant for term of Years is, when a man demiseth, and letteth any lands or tenements to another to hold for a certain number of years agreed upon between the Lessor and the Les∣see; by force and vertue of which Lease, the Lessee entreth into the said tenements.
This Lease for term of years may be granted by word of mouth, and
this is called a Lease parol: which shall bind the Lessor so long as the term is accorded for, if the Wit∣nesses live to prove the Lease Pa∣rol.
But the more safe and usual way, is to take a Lease by Deed indented, which needs no other Execution but only sealing and delivered. For by vertue of that Lease, the tenant may enter whensoever he will.
But a Lease for term of Life must be executed by Livery and Seisin; because the freehold passeth with that Lease; which it cannot do without Livery and Seizin.
This was the Case of Allen and Waller at the Lent-Assizes at Maid∣stone 1654. Waller brought an E∣jectione firme against Allen; the De∣fendant proved a Lease Parol at a certain rent during his Life: which last word of the Defendants witness gave the verdict against him, because none can be tenant for Life, without Livery and Seizin.
Also if a man make a Lease to one for Years, the remainder to ano∣ther for Life, or in tail, or in Fee, here the Lessor ought to make Live∣ry
and Seizin to the Lessee for Years; or else nothing shall pass to him in remainder, though the Lessee enter and enjoy his term of Years; but the Free-hold and the Reversion remaines in the Lessor. But if the Lessor makes Livery and Seizin to the Lessee, then the Freehold passes over to them in the Reversion, ac∣cording to the grant.
Likewise if a man make a Lease of Lands or tenements to another for term of Years, and the Lessor dye before the Lessee enter into the tene∣ments; nevertheless he may enter, notwithstanding the death of the Les∣sor, because the Lessee hath right to the tenements by vertue of his Lease, immediately after the sealing and de∣livery of it.
Tenant for years.
Livery & Seizin in Lease for Life.
Lease for Years takes right af∣ter the delivery.