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Sample Conveyance

This Indenture made the twenty fifth day of October One thousand eight hundred and eighty nine Between Mervyn Herbert Nevil Story Maskelyne of Bassett Down House Swindon in the County of Wilts Esquire M P (hereafter called the Grantor) of the first part William Howard of Bishopston in the County of Gloucester Builder of the second part and Walter Samuel Clark of Foyle House Morley Square Bishopston aforesaid accountant (hereinafter called the Grantee) of the third part Whereas the said William Howard has erected a Messuage or Dwellinghouse and Offices upon the plot of land hereinafter described and has agreed with the Grantee for the sale to him of the said plot of Land Messuage or Dwellinghouse and Offices hereinafter described at the price of Three hundred and forty five pounds subject to the yearly rent charge hereinafter reserved and the Covenants and Stipulations hereinafter contained Now this Indenture witnesseth that in consideration of the rent hereinafter limited and of the Covenants hereinafter contained on the part of the Grantee his heirs and assigns to be paid observed and performed and in consideration of the sum of Three hundred and forty five pounds paid by the Grantee to the said William Howard (the receipt whereof he doth hereby acknowledge) The Grantor as Beneficial Owner (by direction of the said William Howard) hereby conveys and the said William Howard hereby conveys and confirms unto the Grantee All that plot of Land containing by admeasurement twenty feet and six inches in front and ninety four foot in depth more or less adjoining a new road intended to be called Salthrop Road and being part of certain Closes of Land called or known as Brynland and Horsehill situate in the Parish of Horfield in the County of Gloucester and which said plot of Land is with the boundaries thereof delineated in the plan hereof drawn in the margin of these presents and hereon Numbered 37 and coloured Pink And also all that Messuage or Dwellinghouse erected on the said plot of Land and also the right in common with the Occupiers of adjoining plots of Land the property of the Grantor at all convenient times to enter upon and use as a Recreation or Pleasure Ground All that Close or Garden known by the name or designation of Morley Square Together with the free use and enjoyment of all roads ways and sewers now existing or hereafter to be made by the Grantor his heirs or assigns or by other persons authorised by him or them upon the said pieces of Land called Brynland and Horsehill for the use and benefit of the Occupiers of houses thereon Except nevertheless and reserving unto the Grantor his heirs and assigns out of the Conveyance hereby made all mines and minerals limestone and quarries (other than stone to be used only for building on the said plot of Land hereby conveyed) compensation being made to the Grantor his heirs and assigns for all injury caused to the surface of the said Land or the house or buildings for the time being standing thereon in working the said minerals To hold the same save and except as aforesaid unto the Grantee in fee simple To the use that the Grantor shall have in fee simple a perpetual yearly rent charge of Three pounds and five shillings issuing out of the said plot of Land hereditaments and premises and payable by two equal half yearly payments on the twenty fifth day of March and twenty ninth day of September in every year without any deduction the first half yearly payment thereof to be made on the twenty fifth day of March next and subject to the said rent charge To the use of the Grantee in fee simple And the Grantee hereby Covenants with the Grantor his heirs and assigns in manner following that is to say that he the Grantee his heir or assigns will at all times hereafter pay the said yearly rent charge at the times hereinbefore appointed for payment thereof without any deduction And will pay in common with the Occupiers of adjoining plots of Land the property of the Grantor all expenses and charges for making renewing cleansing and repairing roads footpaths cesspools sewers drains water courses and party walls upon the said Closes of Land called Brynland and Horsehill which shall be used in common with adjoining Occupiers until (as to such roads footpaths and sewers) the same shall be adopted by the Parish or other Public Local Authority And will in common with the Occupiers of adjoining plots of land the property of the Grantor keep and maintain in good condition and order as a Recreation or Pleasure Ground and to the satisfaction of the Grantor or his Surveyor the said Close or Garden called Morley Square and that in case the said Close or Garden shall not be kept in such condition or order as aforesaid it shall be lawful for the Grantor to put the same into such condition and order and thereupon the Grantee shall pay to the Grantor his proportionate part or share of the expenses incurred in so doing And will not erect or build on the said plot of land any other building than the said dwelling house except a Greenhouse or Conservatory for the use and enjoyment of the tenant or occupier of the said Dwellinghouse without the consent in writing of the Grantor his heirs or assigns or his or their Surveyor And will not take down the said Dwellinghouse or any part thereof or in any manner alter or change the elevation or external appearance of the same or any part thereof without previous consent in writing of the Grantor his heir or assigns or his or their said Surveyor And will permit the Boundary Walls of the said plot of Land to be used as party walls by any person or persons building on the adjoining plot of Land he or they paying a proportionate part of the expense of erecting and keeping the same in repair And will at the cost of the Grantee his heir executors or administrators and whether required by Notice as to do or not well and sufficiently repair and keep in substantial repair and tenantable condition in all respects and in case of need rebuild and restore the said Dwellinghouse and other the Buildings and fixtures for the time being on the said plot of Land and make good all defects within Three Calendar months after receiving Notice so to do and will forthwith insure and keep insured the said Dwellinghouse and other Buildings upon the said plot of Land against loss or damage by fire in some Public Insurance Office in the sum of Two hundred and fifty pounds at the least And on request produce to the Grantor his heirs or assigns the Policy or Policies and the receipt or receipts for the annual premiums thereof And will in case the said Dwellinghouse or any part thereof shall be destroyed or damaged by fire or tempest or other accident within Twelve Calendar months next after every such event repair and rebuild the same in a good and substantial manner to the satisfaction of the Grantor his heirs or assigns And will not at any time hereafter use or cause or permit or suffer to be used all or any part or parts of the said premises hereby conveyed for any dangerous noisy noxious or offensive purposes whatsoever And further that he will use the said house as a private Dwellinghouse only And will once in every year but not oftener permit the Grantor his heirs or assigns or his or their said Surveyor or any Agents Servants or Workmen authorised by them respectively at reasonable times in the daytime to enter into and upon the premises hereby conveyed or any part or parts thereof to search and see the state and condition of the same And it is hereby declared that the restrictive Covenants hereinbefore contained are entered into with the Grantor as the Owner of the remainder of the said Closes of Land called Brynland and Horsehill of which the plot of Land hereby conveyed forms part and that the benefit of them may be assigned by the Grantor his heirs or assigns to any future Purchaser or Purchasers of any part of the said Closes of Land which may be prejudicially affected by the breach thereof Provided always and it is hereby agreed and declared that if the said yearly rent of three pounds and five shillings or any part thereof shall be in arrears or unpaid for the space of Twelve Calendar months next after either of the said half yearly days of payment hereinbefore appointed for payment thereof or if there shall be a breach of any of the Covenants hereinbefore contained on the part of the Grantee his heirs or assigns then and in any such case and notwithstanding the waiver of any previous default or breach it shall be lawful for the Grantor his heirs or assigns Owner or Owners for the time being of the said rent at any time during the lives of the Grantor and Grantee and of Charles Robert Hancock and Walter Strachan or the life of any or either of them or within Twenty one years after the death of the last survivor of them or (if the rule against perpetuities permits this extension of power) at any time afterwards into and upon the plot of Land Messuage and premises hereby conveyed or in any part thereof in the name of the whole to reenter and the same henceforth to repossess and enjoy as if these presents had not been made And the Grantor hereby acknowledges the right of the Grantee to production of the Deeds mentioned in the Schedule hereto and to delivery of Copies thereof and hereby undertakes for the safe custody thereof In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written
The Schedule above referred to
Twenty sixth August 1864 Indenture of Mortgage made between Anthony Mervyn Story Maskelyne of the first part Thomas Masterman Henry Masterman and Edward Masterman of the second part and Edmund Story Maskelyne of the third part
First December 1881 Indenture of Reconveyance made between Henry Masterman and Edward Masterman of the one part and the Grantor of the other part
Seals and signatures of the parties