estates, contracts. A certain profit in money, provisions, chattels, or labor, issuing out of lands and tenements in retribution for the use. 2. A rent somewhat resembles an annuity, their difference consists in the fact that the former issues out of lands, and the latter is a mere personal charge. 3. At common law there were three kinds of rents; namely, rent-service, rent-charge, and rent-seek. When the tenant held his land by fealty or other corporeal service, and a certain rent, this was called rent-service; a right of distress was inseparably incident to this rent. 4. A rent-charge is when the rent is created by deed and the fee granted; and as there is no fealty annexed to such a grant of rent, the right of distress is not in incident; and it requires an express power of distress to be annexed to the grant, which gives it the name of a rent-charge, because the lands are, by the deed, charged with a distress. 5. Rent-seek, or a dry or barren rent, was rent reserves by deed, without a clause of distress, and in a case in which the owner of the rent had no future interest or reversion in the land, he was driven for a remedy to a writ of annuity or writ of assize. 6. But the statute of 4 Geo. II. c. 28, abolished all distinction in the several kinds of rent, so far as to give the remedy by distress in cases of rents-seek, rents of assize, and chief rents, as in the case of rents reserved upon a lease. In Pennsylvania, a distress is inseparably incident to every species of rent that may be reduced to a certainty. 2 Rawle’s Rep. 13. In New York, it seems the remedy by distress exists for all kinds of rent. 7. As to the time when the rent becomes due, it is proper to observe, that there is a distinction to be made. It becomes due for the purpose of making a demand to take advantage of a condition of reentry, or to tender it to save a forfeiture, at sunset of the day on which it is due: but it is not actually due till midnight, for any other purpose. An action could not be supported which had been commenced on the day it became due, although commenced after sunset; and if the owner of the fee died between sunset and midnight of that day, the heir and not the executor would be entitled to the rent.
Law Dictionary – Alternative Legal Definition
At common low. A certain profit issuing yearly out of lands and tenements corporeal; a species of incorporeal hereditament. 2 Bl. Comm. 41. A compensation or return yielded periodically, to a certain amount, out of the profits of some corporeal hereditaments, by the tenant thereof. 2 Steph. Comm. 23. A certain yearly profit in money, provisions, chattels, or labor, issuing out of lands and tenements, in retribution for the use. 3 Kent, Comm. 460. The compensation, either in money, provisions, chattels, or labor, received by the owner of the soil from the occupant thereof. In Louisiana. The contract of rent of lands is a contract by which one of the parties conveys and cedes to the other a tract of land, or any other immovable property, and stipulates that the latter shall hold it as owner, but reserving to the former an annual rent of a certain sum of money, or of a certain quantity of fruits, which the other party binds himself to pay him. It is of the essence of this conveyance that it be made in perpetuity. If it be made for a limited time, it is a lease. Civ. Code La. arts. 2779, 2780. Pee farm rent. A rent charge issuing out of an estate in fee; a perpetual rent reserved on a conveyance of land in fee simple. Ground rent. See GROUND. Quit rent. Certain established rents of the freeholders and ancient copyholders of manors were so called, because by their payment the tenant was free and “quit” of all other services. Rack rent. A rent of the full annual value of the tenement or near it. 2 Bl. Comm. o 43. Rent-charge. This arises where the owner of the rent has no future interest or reversion in the land. It is usually created by deed or will, and is accompanied with powers of distress and entry. Rent-roll. A list of rents payable to a particular person or public body. Rent seek. Barren rent; a rent reserved by deed, but without any clause of distress. 2 Bl. Comm. 42; 3 Kent, Comm. 401. Rent-service. This consisted of fealty, together with a certain rent, and was the only kind of rent originally known to the common law. It was so called because it was given as a compensation for the services to which the land was originally liable. Brown. Rents of assise. The certain and determined rents of the freeholders and ancient copyholders of manors are called “rents of assize.” apparently because they were assized or made certain, and so distinguished from a redditus mobilis, which was a variable or fluctuating rent. 3 Cruise, Dig. 314; Brown. Rents resolute. Rents anciently payable to the crown from the lands of abbeys and religious houses; and after their dissolution, notwithstanding that the lands were demised to others, yet the rents were still reserved and made payable again to the crown. Cowell. Rent mnst be reserved to him from whom the state of the land moretb. Co. Litt 143.