PabtVI.  implied  in  law,  because  sucli  covenants  are  implied  only
during  the  continuance  of  the  lessor's  interest  (9). — At  com-
mon law  where  a  reversionary  estate  to  which  covenants  were
annexed  became  merged  in  the  ulterior  reversion,  the  cove-
nants were  extinguished  together  with  the  estate  (r).  But  by
the  statute  8  &  9  Vict.  c.  106,  s,  9,  "  when  the  reversion
expectant  on  a  lease  shall  be  surrendered  or  merge,  the  estate
which  shall  for  the  time  being  confer  as  against  the  tenant
under  the  same  lease  the  next  vested  right  to  the  same
tenements  shall,  to  the  extent  and  for  the  purpose  of  pre-
serving such  incidents  to  and  obligations  on  the  same
reversion  as  but  for  the  surrender  or  merger  thereof  would
have  subsisted,  be  deemed  the  reversion  expectant  on  the
same  lease."


Severance        The  grantee  of  the  reversion  in  part  of  demised  premises

of  rsvGr-

sion.  is  an  assignee  within  the  statute  32  Hen.  YIII.,  of  covenants

apportionable  to  the  part  granted ;  as  the  covenant  to  pay
rent  (s),  and  the  covenant  to  repair  (t).  At  common  law  he
could  not  take  the  benefit  of  conditions  of  entry  and  other
conditions,  because  they  were  incident  to  the  entire  reversion
only,  and  destroyed  by  the  severance  (») .  It  is  now  expressly
provided  by  the  Conveyancing  Act,  1881,  s.  10,  that  rent
reserved  by  a  lease  and  the  benefit  of  every  covenant  having
reference  to  the  subject-matter  thereof  and  every  condition
of  re-entry  or  other  condition  "  shall  be  annexed  and  shall
go  with  the  reversionary  estate  in  the  land  or  in  any  part
thereof,  notwithstanding  severance  of  that  reversionary  inte-
rest." And  by  s.  11,  it  is  provided  to  the  same  effect  as  to
the  obligation  of  a  covenant  by  a  lessor  with  reference  to  the
subject-matter  of  the  lease. — Where  tenants  in  common  of
land  in  undivided  shares  join  in  demising  the  entirety,  the
covenants  made  in  terms  with  all  the  lessors  run  with  the


(q)  See  ante,  p.  199.
