Is a lease agreement enforceable against eviction or disturbance?
Saskatchewan, Canada
The following excerpt is from Eagles Hall Association of Swift Current Ltd. v. Bertin, 1922 CanLII 147 (SK CA):
In Carpenter v. Parker, (1857) 3 C.B. (N.S.) 206, 27 L.J. C.P. 78, the defendant gave a lease to plaintiff with an express covenant against eviction or disturbance by himself “or any person claiming under him.” There was a prior mortgage on the premises executed by trustees authorized to do so by the defendant, and the lessee was disturbed by the surviving mortgagee. It was held that the mortgagee was a person claiming under the defendant.
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