Undertenant legal definition of Undertenant
subinfeudation (redirected from Undertenant)
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subinfeudation the process whereby a freehold estate was created out of another freehold estate to be held by the grantee of the grantor in return for specified services or amounts of produce or money. The grant created a tenurial relationship between the parties. Subinfeudations (except those made by the Crown) were forbidden by the statute QUIA EMPTORES 1290.
SUBINFEUDATION, estates, English law. The act of an inferior lord by which
he carved out a part of an estate which he held of a superior, and granted
it to an inferior tenant to be held of himself.
2. It was an indirect mode of transferring the fief, and resorted to as
an artifice to elude the feudal restraint upon alienation: this was
forbidden by the statute of Quia Emptores, 18 Ed. I; 2 Bl. Com. 91; 3 Kent,
References in periodicals archive
This is because the tenant and assignee or undertenant will first want to know from the landlord whether the landlord approves the transaction in principle.
The licence to carry out works was signed by two of the parties but not by the prospective undertenant. The undertenant then sought to terminate the agreement for lease, on the ground that the landlord's consents had not been obtained in time.
In the case concerned, the purpose of effecting the virtual assignment was stated to the passing to the buyer of all of the economic benefits and burdens of the leases together with the obligation to manage all dealings with the landlords and any undertenants as if the leases had actually been assigned to the buyer.
Agents Any rents from the occupiers of the properties and any monies paid by undertenants on the surrender of an underlease would be paid to the buyer.