APPORTIONMENT, in Law, a dividing of a Rent into two Parts or Portions, according as the Land whence it issues, is divided among two, or more. See RENT, DIVISION, PARTITION, etc. Thus if a Man, having a Rent-Service issuing out of Land, purchase a part of the Land; the Rent shall be apportioned, according to the Value of the Land. So if a Man let Lands for Years, reserving Rent; the Rent shall be apportioned. But a Rent Charge cannot be apportioned, nor Things that are entire; as if one hold Land by Service, to pay to his Lord yearly at such a Feast a Horse or a Rose; there, if the Lord purchase a part of the Land, this Service is totally extinct; because such things cannot be divided without hurt to the whole. Yet, in some cases, a Rent Charge shall be apportioned: As, if a Man hath a Rent-Charge issuing out of Land, and his Father purchases a part of the Land charged in fee, and dies; and this Parcel descends to his Son, who hath the Rent-Charge: there the Charge shall be apportioned according to the Value of the Land; because such Portion of the Land, purchased by the Father, comes not to the Son by his own Act, but by Descent, and Course of Law. Common appendant is of common Right, and severable: And though the Commoner, in such case, purchase a Parcel of Land wherein the Common is appendant; yet the Common shall be apportioned. But in this case, Common appurtenant, not appendant, becomes extinct by such Purchase. Coke.
