Commentary

10 Covenants relating to market rights

MARKETS AND FAIRS vol 26(2)B
| Commentary

10 Covenants relating to market rights

| Commentary

10 Covenants relating to market rights

If the market rights are conveyed separately from the market place, the purchaser should be required to covenant to provide a proper and sufficient market place and to remove the market to it1.

A lease of market rights should contain covenants protecting the owner from loss by reason of the tenant neglecting or abusing the franchise2; although now it is virtually unknown for a market to be forfeited for neglect or abuse, it is safer to provide against the risk. Amongst abuses subjecting a market to forfeiture are taking unreasonable or excessive stallages or

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