442. Assignment of part of land comprised in a lease.

Where in a conveyance for valuable consideration, other than a mortgage, made on or after 1 January 1926, of part of the land1 comprised in a lease2, for the residue of the term or interest created by the lease, the rent3 reserved by such a lease or a part of it is, without the consent of the lessor4, expressed to be:

  1.  

    (1)     charged exclusively on the land conveyed or any part of it in exoneration of the land retained by the assignor or other land5; or

  2.  

    (2)     charged exclusively on the land retained by the assignor or any part