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SOLR_PROP

Statute of Frauds 1695

STATUTE OF FRAUDS 1695

CHAPTER XII.

An Act for Prevention of Frauds and Perjuries.

29 C. 2. 3.

Eng.

Parol leases and interests in lands shall have the force of estates at will only. Except leases not above three years, where two thirds of the full improved value reserved. No estate or interest (not being copyhold or customary) in land shall be assigned, granted or surrendered, unless by writing signed, or by act of law.

FOR prevention of many fraudulent practices which are commonly endeavoured to be upheld by perjury, and subornation of perjury; be it enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal and the commons in this present Parliament assembled, and by the authority of the same, That from and after the feast day of the nativity of St. John Baptist, which shall be in the year of our Lord one thousand six hundred ninety-six, all leases, estates, interests, freeholds or terms of years, or any uncertain interest of, into, or out of any messuages, mannors, lands, tenements, or hereditaments made and created by livery of seizen only, or by parole, and not put in writing, and signed by the parties so making and creating the same, or their agents thereunto lawfully authorized by writing, shall have the force and effect of leases and estates at will only; and shall not either in law or equity be deemed or taken to have any other or greater force and effect; any consideration for making such parole leases or estates, or any former law or usage, to the contrary notwithstanding; except nevertheless all leases not exceeding the term of three years from the making thereof, whereupon the rent reserved to the landlord, during such terms, shall amount unto two third parts at the least of the full improved value of the thing demised: and moreover, that no estates, leases, or interests, either of freehold, or term of years, or any uncertain interest, not being copy-hold or customary interest, of, into, or out of any messuages, lands, tenements or hereditaments, shall at any time after the said feast day of the nativity of St. John the Baptist, which shall be in the said year of our Lord God one thousand six hundred ninety and six, be assigned, granted, or surrendered, unless it be by deed or note in writing, signed by the parties so assigning, granting or surrendering the same, or their agents thereunto lawfully authorized by writing, or by act and operation of law. [Rep., so far as it refers to the relation of landlord and tenant, but not otherwise, 23 & 24 Vict. c. 154. s. 104.]