Page:Agricultural Holdings Act.djvu/51

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Charge of Tenant's Compensation.
47
Landlord's charge, when not absolute owner, and when he does not occupy.
Duration of Charge.—The instalments may run from the time of obtaining the charge until the improvement (for which such charge is obtained) is deemed by the Act to be exhausted.

It will be necessary to satisfy the court that the money has been paid and good faith observed. A case may be supposed at which this provision in the section is pointed:—Supposing a tenant for life by collusion with his tenant exaggerated the improvement effected, and the money paid, an excessive charge upon the holding might thus be obtained; this would be a serious injury to the remainderman, his successor, as the land would come to him burdened with this charge without possibly a corresponding benefit.

A landlord who is not absolute owner cannot make binding agreement with the tenant that the charge upon the holding shall be greater than or different in nature or duration from the charge which might be made under this Act.

Landlord not absolute owner who does occupy.
2.—Duration of Charge.—Instalments may extend over as long a period as the landlord's interest in the land.

Where a tenant for life occupies his own land and executes an improvement upon it, the charge would cease with his life. Tenants for life must therefore take care what sums they expend upon improvements, if not desirous of benefiting their successors.