R.S.O. 1897, Chapter 330

An Act respecting Real Property

 

(Quia Emptores, etc.)

 

Disclaimer:  This Act is reproduced from Appendix A to the Revised Statutes of Ontario, 1980, and may not reflect amendments enacted since then. This is not an official copy of this Act.

Avertissement : La présente loi est reproduite à partir de l’annexe A des Lois refondues de l’Ontario de 1980; il est donc possible qu’elle ne tienne pas compte de modifications édictées depuis. Elle ne constitue pas une copie officielle.

 

His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

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Freeholders may sell their lands so that the feoffee do hold of the chief lord

      2.  Forasmuch as purchasers of lands and tenements of the fees of great men and other lords, have many times heretofore entered into their fees, to the prejudice of the lords to whom the freeholders of such great men have sold their lands and tenements to be holden in fee of their feoffers, and not of the chief lords of the fees, whereby the same chief lords have many times lost their escheats, marriages, and wardships of lands and tenements belonging to their fees; which thing seemed very hard and extreme unto those lords and other great men, and moreover in this case manifest disheritance: It is therefore provided, and ordained, that from henceforth it shall be lawful to every freeman to sell at his own pleasure his lands and tenements, or part of them, so that the feoffee shall hold the same lands or tenements of the chief lord of the same fee, by such service, and customs as his feoffer held before.  18 Edw. I, c. 1 (commonly called “The Statute Quia Emptores”).

 

Sale of part

Apportionement of services

      3.  And if he sell any part of such lands or tenements to any, the feoffee shall immediately hold it of the chief lord, and shall be forthwith charged with the services, for so much as pertaineth, or ought to pertain to the said chief lord for the same parcel, according to the quantity of the land or temement so sold: And so in this case the same part of the service shall remain to the lord, to be taken by the hand of the feoffee, for the which he ought to be attendant and answerable to the same chief lord, according to the quantity of the land or tenement sold, for the parcel of the services so sold.  18 Edw. I, c. 2.

 

Application of ss. 2 and 3

      4.  And it is to wit, that the two preceding sections of this Act extend only to lands holden in fee simple.  18 Edw. I, c. 3; 1982, c. 12, s. 2.[1]

 

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Warranties abolished

      11.  Lineal and collateral warranties at common law, with all their incidents, are abolished; but the liability of the executors, or administrators, or devisees, of any person who shall have made any covenant, is unaffected by this section. (See 4 and 5 Anne, c. 3 (or c. 16 in Ruffhead’s Ed.), s. 21.)  2 Edw. VII, c. 1, s. 7.

 

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