in carry or convey to or from any collieries or works for the time being existing on any of the lands coloured the sd map or plan, and for any ppose connected with the use and enjoymt of the sd respive collieries and works, mines and minerals, a tramway from the point marked A to the point marked B on the same map or plan on the line marked thereon, but subjt nevertheless to the right of the sd, purchaser, his hrs and assigns, to make and use any rail or tramways or other roads or ways over, across, or under the sd tramway, but so as not unnecessarily to obstruct or impede the use and working thof: Provd nevertheless that no surface rights shall be exercisable under or by virtue of the afsd exceptions and reservations, except in and upon the sd lands coloured on the sd map or plan, and that the sd, vendor, his hrs and assigns (hinafter called the mine owners), shall from time to time on demand, make all due compensation to the sd, purchaser, his hrs and assigns (hinafter called the surface owners), and the occupiers for the time being of such lands for all such injury or damage as may be done to any buildings on the sd lands hby assured, or which may be erected thereon for agricultural pposes, arising from any act or neglect in working or getting the excepted mines and minerals [or the mines or minerals in or under the other lands afsd], or in the exercise of any of the powers or authorities hby excepted or reserved; and that the mine owners shall also previous to using any of the lands which they are hby authorised to use, remove the turf and surface soil from the pt of the land about to be used by them, and lay up the same in heaps in some convenient pt of the land; and shall also from time to time fence off with good and substantial posts and rails such pts of the lands which they are hby authorised to use as they may dig into, occupy, or use by virtue of any of the exceptions or reservations herein contd, and at all times hereafter keep and preserve such fences in good and substantial repair; and shall also pay to the surface owners for every acre of the lands which the Reserva tion of right of way. Reservation of right to from reser mine owners shall from time to time enter upon, use, or v. EXCEPT nevertheless and reserving unto the sd, vendor, his hrs [exs, ads,] and assigns, full and free right and liberty at all times hereafter, &c. See p. 350, forms xxx., XXXI. VI. EXCEPT and reserving unto the sd, vendor, his hrs and assigns, the sole and exclusive right and liberty at all times. take water hereafter of using the water from the reservoir distinguished in the sd plan by a blue colour for supplying water to the messuage and buildings called —, now in the occupation of the sd, vendor, in as full and ample a mner as hereto voir. GENERAL WORDS. fore, but for domestic, stable, or horticultural pposes only: AND also the free and uninterrupted flow and passage at all times hereafter of the water from the sd reservoir for such pposes through the pipes and tanks now used for conveying the same under the lands hby assured, along the lines. distinguished by a red colour and the letters EE on the sd plan, and through any pipes and tanks which may from time to time be substituted for the same: AND also liberty from time to time, with workmen and others, to enter upon the sd lands, and to repair, renew, cleanse, and maintain the sd reservoir, pipes, and tanks, the sd, vendor, his hrs and assigns, giving to the sd, purchaser, his hrs and assigns, and his and their tenants, reasble notice previous to such entry, and making to him and them full compensation for all damage done or occasioned to the surface of the sd lands, or the timber, trees, underwood, or crops thereon by the exercise of such liberties as last afsd. 357 GENERAL WORDS. (a) I. TOGR with all buildings, erections, fixtures, hedges, Lands. ditches, fences, ways, passages, waters, drains, water-courses, (a) The Conv. Act, 1881, contains a provision (s. 6) whereby unless a contrary Omission intention is expressed or to be gathered, a conveyance of land, or of land with of general buildings thereon, or of a manor, implies the usual general words, which are words. intended to pass the easements or other rights and appurtenances belonging thereto (see, as to the use of these words before the Act, 1 Dav. Prec., Elph. Introd. Conv. 125); so that the general words may in all ordinary cases be omitted. The clause applies to a conveyance of copyholds by surrender, as the definition of " conveyance" in s. 2 does not exclude conveyances not by deed. The clause does not, except in the case of a manor, mention "mines and minerals," which are often included in the general words; but this is unimportant as they form part of the land and would pass with it unless excepted; in a mineral district they should be expressly mentioned. As to what passes with a "manor," see the references, above, p. 254, note. The statutory as well as the ordinary clause specifies "fixtures;" but this is immaterial, as a conveyance of land of any tenure would carry all fixtures Manor and lands. House in town. woods, underwoods, commons, [mines, minerals (b)], rights, easemts, and appurts whatsoever, to the sd premes or any of them, or any pt thof belonging, or with the same now or heretofore held, used, occupied, or enjoyed, or reputed or known as pt or parcel thof, or appurtenant thto. II. TOGR with all houses, buildings, erections, fixtures, grounds, meadows, pastures, heaths, moors, mines, minerals, wastes, warrens, woods, underwoods, coppices, ways, waters, water-courses, courts leet, courts baron and other courts, waifs, estrays, treasure trove, mills, mulctures, customs, tolls, duties, reliefs, fines, heriots, fisheries, fowlings, franchises, royalties, jurisdictions, privileges, rights, &c., as above. III. TOGR with all buildings, outhouses, erections, fixtures, cellars, areas, ways, passages, lights, sewers, gutters, drains, rights, &c., as in form 1. Easements over adjoining property of vendor. Conveyance not to belonging to the vendor without express mention, including trade or other tenant's fixtures, i.c., such as would be removable as between landlord and tenant; see Dav. Prec. vol. II., part 2, 177, et seqq. If any fixtures are not intended to pass they must be excepted. The statutory general words have reference only to easements, &c., existing "at the time of conveyance," and omit the words, "or heretofore," which have usually been inserted (as in the form in the text), and which, it has been supposed, may possibly have some effect where the vendor has other property adjoining over which a way or other quasi easement may have been used with the property sold (as to which, see 1 Dav. Prec. 92; Bolton v. Bolton, 11 Ch. D. 968), but which may be of an intermittent nature or may temporarily have ceased to be used at the time of the conveyance; but the words in question are probably quite useless. Whenever such a quasi easement is known to exist, it should be expressly granted or excluded. The following is a form of exclusion intended to follow the parcels : "BUT this assurance shall not include or operate as a include grant or assurance of any ways, water-courses, or other easements rights or easemts whatsoever over any adjoining land or joining ppty of the sd, vendor, which appertain or are reputed to property appertain to or are or have htofore been held or enjoyed with the sd premes hby assured or any pt thof." over ad of vendor. (b) The words "mines and minerals" apply to freeholds only. for houses IV. TOGR with all ways, drains, water-courses, lights, Short form easemts, rights, and appurts to the sd premes or any pt thof or lands. belonging, or thwith now or heretofore held or enjoyed. ESTATE CLAUSE (a). clause. I. AND ALL the este, interest, right, title, claim, and Estate demand of the sd, vendor [of the sd, conveying parties, General resply], in, to, or upon the sd premes, or any pt thof. form. veyance II. AND ALL the este, &c., of the sd, conveying party or For conparties, in, to, or upon the sd premes, or which he [they order any of them, are or] is able to appoint or dispose of. power. III. AND ALL such este, &c., in, to, or upon the sd premes, For conas the sd, conveying party or parties, can by statute or veyance otherwise convey or assure. under statutory authority by limited owner. HABENDUM (b). I. TO HAVE AND TO HOLD all the sd hereds and premes For freehby assured UNTO the sd, purchaser, or grantee to uses, holds. his [purchasers, or grantees to uses, their] hrs and assigns (c), [subjt to, &c., state or refer to the tenancies or any incumbrances and liabilities subject to which the property is con (a) Tho" all the estate " clause is now implied by the Conv. Act, 1881, Omission s. 63, in all conveyances, including appointments, unless a contrary intention of "all tho is expressed or is to be gathered from the terms of the instrument, so that estate its insertion can now seldom be necessary. (b) As to the use of the " habendum," see 1 Dav. Prec.; Elph. Introd. Conv. 130. clause. (c) An estate in fee simple may now, by the Conv. Act, 1881, s. 51, if the Limitation draftsman prefers it, be limited by the words "in fee simple," without the of estate in word "heirs;" but as this has no advantage in point of brevity, the old fee simple. form is retained. It is not clear that if the grantor has only a base fee or other determinable fee, it would pass by a grant "in fee simple" under the Act, as it would if the word "heirs were used; but this is a very rare contingency. |