' 6.. A written agreement is generally .eient to create-a term of' years, 3 Greene; N. 116; '21 Wend: N. Y. 635.; but at connnon la,* every conlieyance of a' freehold interest was re.cpured' ta be by deed. 'This rule, is. in .
force. in 'New York and South, Carolina, and, consequently, applies to leasesfor life in those states. Virginia and Kentucky require all estates exceeding a term of five years to be by deed; while Vermont and Rhode Island apply the rule to a term that .exceeds one 'year. In Louisiana, it must,.in addiiion, be registered in the office of a notary. .1n Eng land, by a recent statute, all leases that are required to be• in Writing must also be under seal. 4 Kent, Comm. 443; Taylor, Landl. & Ten. 34. See Browne, Stat. of'Frauds, Appi. 503-531.
All persons seised oflands or tenements 'may grantleascs of them, unless they happen to be under some legal disability: as, of un sound' mind, immature age, or the like, 2 Ezell. 487; 4 id. 17; 9 id. 309; 8 Carr. & P. 679'; 10 Pet. '65 ; 5 Plek. Mass. 431 ; 11 id. ,304 ; ' 17 Wend. N.Y. 133 ; 4 Dev. & B. No. C. 289 ; 1 N. H. 75 ; and' in case of many of these diSabilities the leases are voidable rnerely,, and not Void. See as to infants, 10 Pet. 65 ; 5 Ohio, 251; 15 id.'192 ; 11 Humphr. Tenn. 468; 11 Johns. N. Y. 539; 14 id. 124; intoxicated persons, 13 Mees. &W. Exch. 623; married women, Smith, Landl. & Ten. 48; 1 Pla,tt, Leases, 4$ ; 19 N.H. 483. • See PAR TIES; CONTRACTS. But it is essential to the . validity of a lease that the lessor has, at the time he undertakes to make the grant, pos. session of the premlses; otherwise, whatevet he does will amount to nothing more than the .assignrnent of a choss , in action. Croie Car.10g; Sheppard, Touchst..269. For this reason, it was held in Pennsylvania that a .ptirchaser at it sheriff's sale who had not re ceived' his deed could not make a valid lease. 1 Penn. St: 402.
S. But, unless there is an adverse holding, pOssession will be deemed to follow the own ership. And although a lease may net b'e sufficient - to authorize a lessee to demand posiession for the'want of a possessory title in his lessor, it Will still operate by way. y* eitoppel, and enure to his 'benefit if the lessor afterwards comes into possession of the.land before the expiration of the lease. 13acon, Abr. Leases (I 4.); Croke Elii. 109; 28 Barb.
N. Y. 240 ; 2 Hill, N. Y. 554 ; 16 Johns. N. Y. 110; 201 ; 5 Ark. 693 ; 7 Mann. & G. 701.
0. The power to lease will, of eourse, de pend upon the extent of the lessor's estate in the premises; andif he has but an estate for life, his lease can only be coextensive there with; when for a term of years, its com mencement as well as its termination must be ascertained, for certainty in these respeeta is of the essence of a term of years. . But although this term may not at first appear to be certain, it may be rendered so by refer ence to, some fact or event:. as,.if a lease be made to a man for so many years as he has in the manor of Dale, and he happens to have a term af two years in that manor, the lease will be good for that period. Coke, Litt. 45 b; 3: Term, 463 ;• 4 East, 29 ; 1 Mees, & W.
533.., 10. Lord Coke states that, originally, ex, ,press terms could. not endure.beyond an or .dinary generation of forty years, lest men might be disinherited ; but the doctrine had become antiquated ,even in his day', and at the present time there is no limitation to a term of years except in" the state of, New York, where land cannot be leased for agri cultural purposes for a longer period than twelve years. See Coke, Litt. 45 b, 46 a; 9 'Mod. 101 ; 13 Ohio, 334 ;. 1 Platt, Leas. 3 ; 1 Washburn, Real Prop. 310.
In all cases of uncertain duration, or if nO time has been 'agreed upon ,for the continua tion of the term, or if after the expiration of a term the tenant continues. to hold over, without any effort on the part of the landlord to remove him, the tenancy is at the will of either party. And it, remains at will until after the payment a,nd receipt of rent on ac count of a; neW tentincy, or until the parties concur in some other act which recognizes the existence of a tenancy, from which event .it becomes a tenancy from year to year. After this, neither party has a right to ter minate it before the expiration of the cur rent year upon which they have entered, nor then without having first given reasonable notice to the other party of his intention to do so. Thelength of this noticels,regulated . by tbe statutes of the different states. 11 Wend. N. Y. 616 ; 13 Johns. N. Y. 109 ; 8 Term, 3 ; 4 Ired. No. C. 294; 3 Zabr. N. J. .111.