away, converting, or disposing of such mines and minerals, or for any ppose connected thwith, and to stack and lay up any minerals and refuse which may be raised out of any such mines, making all reasble compensation to the surface owners and occupiers for the time being for such damage as may be done in the course of getting and working such mines and minerals, and the conveyances shall be framed accordingly. Purchaser to take XI. RESTRICTIONS as to BUILDING, MAINTENANCE of 1. THE pchaser shall take subjt to the restrictive covenants and provons as to building, carrying on trades, and subject to restrictions other matters contd in the conveyance to the vendor as mentd in the parlars, and shall covenant to observe the same and indemnify him in respect of any personal liability which he may be subjt to thereunder. in former convey ance (b). Restric tions as to building, &c. to estate) (c), II. THE рchasers of lots inclusive, shall enter into covenants framed so as to bind their representatives and assigns with the vendors (as owners of the their hrs and assigns, that no building shall at any time be erected on any of such lots other than one villa residence with requisite stabling and offices at a cost of not less than £, exclusive of outbuildings, and that no such building shall at any time be used otherwise than as a private residence. (a) See also CONVEYANCES ON SALE. (b) See In re Higgins, &c., Weekly N. 1882, 10. (c) The property for the benefit of which the restrictive conditions are imposed must be defined; see Renals v. Cowlishaw, 9 Ch. D. 125, 11 Ch. D. 866. and land. III. THE sale of the respive lots is subjt to the follow- Building ing condons and stipulations for the benefit and protection User of of the ppty sold and the adjoining este of the vendors in premises. (a), and the present and future owners, lessees, and tenants from time to time of such ppty and este, namely, 1. That the line of frontage of the buildings on the respive lots shall not approach nearer to any of the roads than the line marked "building line" upon the plan, excepting porticoes and bay windows or other similar structures, which shall not project more than feet beyond such line, and that no building other than walls and fences under seven feet in height shall be erected nearer to any of the roads than feet. 2. That no building to be erected on any of the lots [except lots ] shall at any time hereafter be used for any other ppose than a private dwellinghouse, or a coachhouse and stables and outbuildings belonging thto; and no trade, manufacture, or business of any kind. [except that of a surgeon or physician] shall at any time be set up or carried on in or upon any of the lots [except as afsd], or, "that no hotel, tavern, tea-gardens, manufactory, mill, gasworks, hospital, asylum, or shop shall at any time be erected, opened, or carried on upon any of the lots, and no spirituous or fermented liquors shall be sold in or upon any of the lots or in any building to be erected thon," and none of the lots or any building to be erected thon shall be used for any offensive, noisy, or dangerous pursuits or operations, or any ppose which shall be in any way a nuisance, damage, or annoyance to the vendors, their hrs or assigns, or their tenants, or to the owners or tenants of any of the adjoining ppty or the neighbourhood, or which may tend to depreciate or lessen the value of the afsd este of the vendors, or any pt thof, as a residential ppty. IV. EVERY pchaser shall forthwith make and for ever main- Building tain proper boundary walls or oak fences on his lot on the land. sides marked in the plan [of such height and design as shall be prescribed by the vendors], and shall, according and roads, Mainten. ance of (a) See above, p. 270, note (c). fences, &c. Building land. Provision in proportion to the extent of his frontage towards the projected street or road delineated in the plan, contribute with the owners for the time being of the other lots comprd in this [and a former] sale, and having such frontage, to the expense of making and forming the sd projected street into a road properly metalled and fit for carts, waggons, and carriages, with a flagged footway feet wide on each side thof, and with a cover for the watercourse at the side thof, and such main sewers or drains under the same as shall be required to be made by the Local Board or other competent authority, and shall at all times thereafter, until the same shall be adopted as a public highway, contribute in the proportion afsd towards the expense of repairing and maintaining the same street or road, a right of way over which is included in the sale of each lot. If any lot be not sold the vendors shall for the ppose of this condon stand in the place of the pchaser thof, and [the respive pchasers shall, if required, enter into covenants in their respive conveyances with the vendors to perform the stipulations] [or, the several conveyances of all the lots shall be made subjt to the liabilities and rights], mentd in this condon [or, and for the ppose of effecting the object of this condon, a deed of covenant has been prepared by the vendors' solor, which is to be executed by the vendors and by the respive pchasers, and will be retained by the vendors, and the costs attending the preparation and execution of such deed are to be borne by the pchasers in equal shares], but the vendors shall not be bound to enforce or effectuate this condon, or the liabilities mentd therein, further or otherwise than by compelling every such conveyance to be made subjt [or, such deed of covenant to be executed] as afsd. V. THE sale and conveyance of each lot will include the moiety abutting thon of the site of the proposed road as to roads and footpath fronting the same, together with the right to use, in common with all other psons having a right to do where the so, the roads or intended roads and footpaths delineated in sites are the plan in the courses there shown, but without any right and foot paths the con on the part of the pchaser to require the production of or included in make any objection or requisition in respect of the title to any veyances. of the sd roads or projected roads, except the pt compred in his lot, and each conveyance shall be made subjt to an exception or reservation of a right of way for the vendors and other psons at all times and for all pposes to the other ppty now offered for sale and adjoining any pt of such roads or intd roads and footpaths resply, and of the rights necessary for making and completing the sd roads and footpaths or incidental thto, and of the right of making sewers, laying water-pipes and gas-pipes, and otherwise using such roads and footpaths in the mner and for the pposes in and for which public roads or ways in towns are commonly used; and each pchaser shall, in his conveyance, covenant with the vendors, within calendar months, at his own expense, and with proper materials, and in a proper mner, and to the satisfon of the vendors' surveyor, to make and form into a road and footway, fit for traffic, such pt of his lot as is shown in the sd plan as pt of a projected road, and until such road and footway shall be adopted by the parish, or local authority, to keep in repair and maintain, fit for the traffic usually passing over the same, the portion thof included in his conveyance, or to contribute a due proportion, according to his frontage, of the cost of the repairs and maintenance thof, but the vendors will not enter into any covenants or agreemts with the respive pchasers as to the sd roads or intd roads and foot-paths, and shall not be bound to enforce, &c., as in last Form. tive covenants to be VI. As regards every lot, in respect of which restrictions Restricor liabilities are by these condons or the parlars imposed on the pchaser in regard to the erection of buildings, the entered making and maintaining of roads or fences, the user of purchasers the ppty, or otherwise, the assurance of such lot (d) shall on sale in (d) The following form, restricting the personal liability of the purchasers under the covenants to the period of their ownership (Williams v. Hathaway, 6 Ch. D. 544), may be substituted here, and is perhaps preferable, especially as the liability to enter into unrestricted covenants might be an obstacle in the way of trustees purchasing : VOL. 1. T into by lots. The same. Another form re contain full and proper covenants and provons to be entered into by and at the expense of the pchaser, framed so as to bind his representatives and assigns, with the vendors, their heirs and assigns, the owners from time to time of the estate, for securing the observance and performance of such restrictions and liabilities (e) (the form of such covenants and provons to be settled by the vendors' solors), but the vendors shall not be bound, &c., as in Form IV. VII. EACH pchaser shall, in his conveyance, covenant for himself, his representatives and assigns, with the vendors, ferring to their hrs and assigns, the owners from time to time of the estate, to observe the stipulations mentd in the parlars relating to building and other matters. particulars. The same. form of VIII. To show distinctly to intending pchasers the nature General of the covenants and clauses which the vendors will require conveyance. to be inserted in the several conveyances, a general form of conveyance has been prepared, and may be inspected at the office of the vendors' solor for sale, between the hours of Provision restricting and days previously to the and will also be produced at the sale, and every pchaser shall be deemed to have full notice of all the clauses and provons of such form, and to have consented thto, and shall take his conveyance in accordance thwith, with such modifications, if any, as the "Shall contain all such reservations, covenants, and personal provons as the vendors or their counsel shall deem necesliability of sary or proper for giving effect to such restrictions and purchasers under liabilities, and ensuring that the obligation thof shall at all covenants. times hereafter devolve with the ppty sold, and be binding on the pchasers, and all future owners and occupiers thof, but such covenants and provons shall be framed so as not to impose on the respive pchasers and their hrs, exs, and ads resply any personal liability, after their respive este or interest in the ppty shall have ceased or determined." (e) See Haywood v. The Brunswick Building Society, 30 W. R. 299; below, p. 282, note. |