AN

ELEMENTARY COMPENDIUM

OF

THE LAW

OF

REAL PROPERTY.

BY WALTER HENRY BURTON, Esq.

LATE ONE OF THE

FELLOWS ON MR. VINER'S FOUNDATION

FOR THE STUDY OF THE COMMON LAW

IN THE UNIVERSITY OF OXFORD.

THE FIFTH EDITION,

With Notes, shewing the Alterations in the Law to the present Time,

BY EDWARD PRIESTLEY COOPER, Esq.

OF THE MIDDLE TEMPLE, BARRISTER AT LAW.

LONDON:

V. AND R. STEVENS AND G. S. NORTON,
Law Booksellers and Publishers,

(Successors to J. and W. T. CLARKE,)
PORTUGAL STREET, AND BELL YARD, LINCOLN'S INN;
AND ANDREW MILLIKEN, DUBLIN.

MDCCCXLI.

PL
ABY
XDe 5

TO THE

CHANCELLOR, MASTERS, AND SCHOLARS

OF THE

UNIVERSITY OF OXFORD,

THIS WORK,

IS RESPECTFULLY INSCRIBED,

BY THEIR

MUCH OBLIGED SERVANT,

THE AUTHOR.

PREFACE.

THE production, at this day, of a new elementary work on the Law of Real Property, may be thought to require some apology. And this, if it were the Author's design or wish to supersede any of the Books now in use, it would not be easy for him to make: but in aspiring to add one to the number, he has only to show that a vacant space was left for his exertions. And that such a space existed, he conceives every person must be sensible, who happens to have passed at once from the perusal of Blackstone's Commentaries to the business of a Conveyancer's Office, and to the necessity of seeking for practical information, not indeed in the Year Books, or immediately in any Book of Reports, or in any thing that bears the character of Black Letter, (except perhaps Coke upon Littleton, or the Touchstone,) but in some ample Digest or Treatise of modern date; which, however excellent in itself, must encumber his unpractised search by that very copiousness and minute accuracy to which it owes much of its value. It has therefore been the Author's endeavour to adapt his work (though intended to be

as complete as possible in itself,) principally to such readers as, being already acquainted with Blackstone, were desirous of further progress, and of an introduction to more scientific or technical preceptors. In pursuing this plan he has had to attend to four paramount objects, namely, selection, method, condensation, and perspicuity. In the first of these he has always chiefly regarded utility; in the second, progressive illustration; and has done his utmost to reconcile the third and fourth; while, in order to promote them all, or at least the three last, he has subdivided the whole book into numbered placita, to which the corresponding numbers in the margin refer. The other references, it is hoped, will in general conduct the reader to the best sources of information, and, directly or indirectly, to satisfactory authorities; by help of which may exercise his own judgment on every part of

he

the text.

To several of his friends the Author is indebted for criticisms and suggestions, of which he has availed himself. Had these been as numerous as he wished, they might have enabled him to present his work to the public with some degree of confidence. At present he can only venture to hope that, if it be found in any degree useful, its inevitable defects will be pardoned.