THE

MODERN LAW

OF

REAL PROPERTY

WITH AN APPENDIX CONTAINING

THE VENDOR AND PURCHASER ACT, 1874;
THE CONVEYANCING ACTS, 1881 TO 1892;

THE SETTLED LAND ACTS, 1882 TO 1890;
THE MARRIED WOMEN'S PROPERTY ACTS, 1882 AND 1893;
THE TRUSTEE ACT, 1893, ss. 10-12;

SIR HOWARD WARBURTON ELPHINSTONE, BART., M.A.,

ONE OF THE CONVEYANCING COUNSEL OF THE COURT;

ONE OF THE AUTHORS OF "KEY AND ELPHINSTONE'S COMPENDIUM."

AND

FREDERICK TRENTHAM MAW, B.A., LL.B.,

JOINT AUTHOR OF "ROBBINS AND MAW ON THE DEVOLUTION OF REAL ESTATE AND

SWEET AND MAXWELL, LIMITED, 3, CHANCERY LANE,

Law Publishers.

MEREDITH, RAY, & LITTLER, MANCHESTER ;

HODGES, FIGGIS, & CO., LTD., AND E. PONSONBY, DUBLIN ;

C. F. MAXWELL, MELBOURNE & SYDNEY.

1906.

PREFACE

TO THE FIFTH EDITION.

THIS Edition has been carefully revised, and many alterations have been made in the arrangement of the text. Some questions are discussed which were not contained in the former editions, and others are fully discussed which were merely mentioned in them.

The most important changes in the arrangement are placing the discussion of Estates of Inheritance before that of Estates for Life, and treating of Estates on Condition and Mortgages in separate chapters.

New chapters have been added explaining the first part of the Land Transfer Act, 1897, and the law as to remoteness-or, as it is perhaps more commonly called, the rules as to perpetuities.

The discussion of contingent remainders has been considerably enlarged.

The Editors venture to hope that the present edition of the author's book preserves the merits which gained for it a place among the works recommended by the University of Oxford and the Council of Legal Education.

1st January, 1906.

H. W. E.

F. T. M.