129Apportionment of conditions on severance

129 Apportionment of conditions on severance (1) Despite the: (a) severance by conveyance, surrender or otherwise of the reversionary estate in land comprised in a lease; or (b) avoidance or cesser in any other manner of the term granted by a lease as to part only of the land comprised in the lease, every condition or right of re-entry of the lease is to: (c) be apportioned; (d) remain annexed to the severed parts of the reversionary estate; and (e) be in force in respect of the term on which each severed part is reversionary or the term in the part of the land in respect of which the term has not been surrendered, avoided or otherwise ceased, in the manner as if the land comprised in each severed part, or in respect of which the term remains subsisting, had alone originally been comprised in the lease. (2) In subsection (1), right of re-entry includes a right to determine the lease whether by notice to quit or otherwise. (3) If notice to quit leased land is served by a person entitled to a severed part of the reversion that extends to part only of the land, the lessee may, within 1 month of the service of the notice, determine the lease in relation to the remaining part or parts of the land by giving to the owner of the reversionary estate in the remaining part or parts of the land a counter notice expiring at the same time as the original notice. (4) This section applies to: (b) leases made before the commencement of this Act if, after that commencement: (i) the reversionary estate in leased land is severed; or (ii) there is an avoidance or cesser of the term as to part only of the leased land.

Law of Property Act 2000 85