Apportionment

[L. Lat. apporthmamentum.] In the law of contracts. A dividing, or making into parts.

Co. Litt. 147 b.

A distribution according to a certain proportion.* The distribution of a claim or charge among persons having different interests or shares, in proportion to their interests* or shares in the subject matter to which it attaches.

1 Story's Equity Jur, § 475 a, note.

A term applied to rents, common, and other incorporeal hereditaments. See infra. Apportionmbnt op rent. ^The dividing of a rent mtp parts, consequent upon the divitton of the land out of which it issues, ^ 11 either by grant, devise, descent or recovery; the apportionment being made according to the number and proportion of the parties among whom the land is divided, and according to the value of the land.* Termes de la ley.

Cowell. Brande.

Thus, where the owner of the reversion sells part of the demised premises, the rent shall be apportioned; the tenant paying part to the original owner, and the residue to the grantee, according to the proportion of their interests in the premises.

3 Kent's Com, 469, 470. 1 Crabb's Real Prop. 214, § 210.

So, in the case of the division of lands by devise or descent. Id. ibid.

3 Kent's Com. 469, 471.

So, where part of the land is recovered by a person having a title paramount to that of the lessor, the rent must be apportioned, and so much of it only shall be payable to the lessor, as corresponds with the value of what is still held by the tenant under him.

2 Steph. Com. 29. 1 Crabb's Real Prop, 216, § 210.

Rent may also be directly apportioned, by granting part of it to one person, and part to another.

3 Kent's Com. 469.

And it may be apportioned in respect to time.

Id. 470. 1 Hilliard's Real Prop. 244. See 1 Story's Equity Jur. § 476, et seq.

Apportionment op common

The division of the right of common, consequent upon the division of the land to which it is incident.* Thus, if a man seised of forty acres of land, to which comnaon of pasture is appurtenant, alienes five acres of it to another, the alienee will be entitled to common pro tanto, that is, for all his commonable cattle levant and couchant on the five acres.

8 Co. 78 b. 4 Id. 37. 2 Steph. Com. 30. 3 Kent's Com. 406. 1 Crabb's Beal Prop. 300, §§ 333, 334.