En (1120)

,093
VALUATION OF
PROPERTY.
Book IV.
is by tlie quantity
of goods or
tonnage they will contain after leaving prober gangwaya,
and
not overlcading the floors. In corn
warehouses,
however, the grain being disiributeil
over tl'.e surface
of'tlie floor, the squares of floor are taken to com.- at the contents. Goods
warehoused are paid for to the
warelionseman
usually at a weekly or niontldy rent
;
and it
1-, commonly
considered that the profit he should make ought to be one half of the rent he
pays to t'le landlord, so tliat in fact two-thirds of the actual rent realised goes to the pro-
prietor, and tlie other third to the warehouseman or lessee. Tal)les of the weiglit and space
occupied by different goods are
given in the Glossary ADnENnuM.
We have noticed at the
commencement of this chapter that valuations depending
upon building or building land are essentially within the province of the architect. But
as
valuations for liailwii/ and Improvement
cumpeinations ramify into one and the other, as
well as into
ao-rieultural l;md, a portion of tiie subject into which -we do not consider it
desirable here to enter, we will only notice that, as regards the former, there are several
items, bevond those already
mentioned, to be taken into cons'deration. A man holding a
property.'and
dispossessed
ag^iinst his will, has a right to be paid for his interests being so
injuriously aflicted, hence an item for
"
compulsory sale
"
is allowed; this was foimerly as
much as 30 per cent, for house property, now it is only 10 per cent.
;
while for land, from
10 to 25 per cent, is obtained, according to circumstances. Witii certain exceptions, the
purchase of lands compidsjrily is jjlaced under the provisions of the Statute 8 Vict. cap.
18, "The Land Clauses Act." The assessment of the items usually consists of the fol-
lowing heads:
I. Thevalne of the property taken. 11. Any reversionary or prospective

advantage the owner may be likely to receive at any time; to be estimated in present
money. III. Any advantage the owner may have by carrying on a trade, business, or
profession, in a locality ;
whether the same would be utterly destroyed, or a portion be
taken witli him. IV. Tlie cost of removing, or loss by forced sale. V. The value of the
portion only of the property (if so taken), and amount of damage the remainder may
sustain in consequence of the severance; this is usually called consequenlinl damape.
VI. If a portion only be taken, and that portion injuriously divides the remainder of the
property, the estimated amount of dainage is known as severance. VII. Compensation
lor loss of time, trouble, and expense, in find'ng a new investment; loss of interest; tiie
parting with property to which one is attached to and has an interest in
;
and other losses
by being forced to give up a property and seek new. This forms the item of compulsory
sale.
CHAP. II.
CIVIL AND ECCLESIASTICAL DILAIMDATIONS.
I he architect, in the cotirse of business, may be commissioned to ascertain the extent of
neglect on the part of an occupant in keeping premises in ])roper order according to tiie
terms upon which the projierty is held l>y him. In civil cases it is not usual for the lessor
to exercise a power, geneniUy reserved to him in leases, of causing his architect to inspect
the premises from time to time to detect dilapidation
;
but it is usual for the lessor to CMUse
such an inspection (at a reasonable jieriod, so that the repairs may be done) before the
expiration of the term: this reasonable period inay vary from two to twenty-six weeks,
more or less. After svich inspection or survey, a notice to repair dilapidations according to
its appended schedule is served upon the tenant, who ii-ay either execute the works within
the term, or (unless he can compound witli the lessor for a sum to be ascertained under
arbitration) take the responsibility of paying the charges of the tradesmen employed
by the lessor after the premis.'s have been surrendered, to which a compensation for loss of
rent is naturally added; but this arrangement, if adoptel, is a very exceptional pro-
cedure. It will be e\ident that in cases where a lease expires and is not to be renewed
before other suitable premises can be obtained, the latter method of action may be
desirable
;
but generally, and especially in the case of a dwelling-house, the cheapest,
if the most inconvenient, course is for the tenant to have a survey made for iiimself and to
get the repairs executed within the term. In ecclesiastical cases the survey previous to
the end of occupancy is rarely, if ever, practicable
;
and a sunr must be ascertained under
arbitration. According to the usual tenor of leases, the lessor expects that the premises
shall be delivered, at the expiration of a term, in as good condition as the nse and wear
during the time will permit, and the lessee undertakes to make good any injury which the
premises may have suflTered through acciderit, neglect, or intention ; these conditions apply,
not only to what was originally demised, but to whatever may have been erected during
his occupation. In ecclesiastical cases the principle, as will hereafter be explained, is
rather different. It may be noticed here that the term wear and tear is a popular mistake
wbicJb the law does not support; use and wear is legitimate, tear is dilapidation.

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,093

I. Thevalne of the property taken. 11. Any reversionary or prospective

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