PREC. XLVII. as to re nesseth. absolute sale to them as joint tenants of the hereds hby assured (forming pt of an este laid out for building) subjt to the [reservations and] restrictions hinafter contd and the inheritance thof in fee simple for the sum of £; AND Agreemen WHAS upon the treaty for the sd sale it was agrd that the strictive sd B. and C. should enter into the covenants hinafter contd covenants. for the protection and benefit of the sd A. his hrs and assigns and the respive owners for the time being of the other pts of the este (coloured on the plan hto annexed) (a) of which the piece of land intd to be hby assured forms pt; [or, Recitals as to form of conveyance, p. 340, form xx.]; NOW THIS WitINDRE WITNETH that in psuance, &c., consideration, (the rect, &c.,) and also in conson of the covenants hinafter contd on the pt of the sd B. and C., the sd A. as beneficial owner (see p. 406, note) doth hby grant unto the sd B. and Grant. C. their hrs and assigns, parcels referring to plan, p. 346, with right to use of roads and drains, p. 350; omitting general words and estate clause, see pp. 357, 359; [Reserrations of easements, &c., to vendor, p. 353 et seq.]; To HabenHOLD all the sd premes hby granted UNTO and to the use subject to of the sd B. and C., their hrs and assigns, [SUBJT to the contribuobligation of contributing and paying a due proportion maintain[according to the extent of their frontage towards the sd ing roads, respive roads, or intended roads] of the expense of making, maintaining, repairing and cleansing the sd roads, sewers and drains, until the same shall be adopted by and taken into the charge of the parish or local authority [such proportion in case of dispute to be decided by the surveyor for the time being of the sd A., his hrs and assigns], and subjt to the covenants and stipulations hinafter contd, or, "contd in the schedule hto,"] Restrictive covenants by B. and C. with A. as to building, dc., p. 398 et seq. (b), referring if need be to a plan and the stipulations if convenient being contained in a schedule; [Similar restrictive (a) See Renals v. Cowlishaw, 9 Ch. D. 125, 11 Ch. D. 866. dum, tion for &c. PREC. XLVII. covenants by A. with B. and C., p. 398 et seq., mutatis mutandis]. Covenant [or mutual covenants] to give notice of covenants, p. 403 (c); [Proviso for re-entry by A. on breach of covenants, p. 403]: [Acknowledgment and undertaking by A. as to muniments, p. 391]. IN WITNESS. [Schedule or schedules of stipulations.] XLVIII. PREC. XLVIII. Parties. Recitals. DEED of COVENANT between VENDORS and PURCHASERS of land laid out in BUILDING PLOTS (a). THIS INDRE made the day of, between the several psons who have signed their names and affixed their seals to these presents (other than the pties hto of the second pt) hinafter called the pchasers of the one part, and A. of, &c., and B. of, &c., hinafter called the vendors of the other pt: WHAS the este which is delineated on the plan hereupon endorsed, and which is situated at in the parish of in the county of, was by an indre, &c., assured to the use of the vendors, their hrs and assigns; Estate laid AND WHAS the vendors have appropriated or laid out as building sites divers pts of the sd este which are hinafter designated as "The Lots," and are distinguished on the sd plan by the numbers from 1 to — inclusive, and by the colours pink and blue, and have appropriated or laid out as ance to vendors. out. (c) It would be desirable that a memorandum of the deed should be endorsed on one or more of the covenantor's title deeds to ensure that purchasers from him shall have notice of the covenants. (a) Notice of this deed should be endorsed on the conveyance to A. and B., and also on the conveyance of each lot. PREC. XLVIII. of lots. lot is dis dule. roads other pts of the sd este distinguished on the sd plan by the colours yellow and brown and their distinctive names and have dedicated to the public the roads coloured yellow on the sd plan, and intend to dedicate to the public the roads coloured brown on the sd plan as soon as the proper local authority shall be willing to adopt the same: AND Purchase WHAS each of the pchasers has recently pchased from the vendors one or more lots, and the vendors have made or are about to make proper conveyances of the same to the respive pchasers thof in fee simple; AND WHAS the parlar How each lot or lots so pchased as afsd by each of the sd pchasers purchaser's will appear by reference to the number or numbers entered tinguished opposite to his name in the first schedule hto, all the in schenumbers so entered corresponding with those by which the lots are distinguished as afsd in the plan; AND WHAS, upon The sales the contracts for the sd several pchases hinbefore referred to made subject to being entered into, it was agrd that each of the sd pchasers, stipulahis hrs and assigns, should observe and perform such of the tions. stipulations contd in the second schedule hto, as are applicable to the lot or lots pchased by him as afsd, [and that the vendors, their hrs and assigns, should observe, &c., as above, saying, "the unsold lots"] [and the roads coloured brown on the sd plan], and that for effectuating such agreemt these presents should be made and executed: NOW THIS INDRE WitWITNETH that in conson of the premes each of the pchasers doth hby for himself and his assigns covenant Covenants with every two and more and each one of the other chasers pchasers and their and his respive hrs and assigns, and with each also separately with the vendors, their hrs and assigns (a), the vendor THAT he, the sd covenantor, his hrs and assigns, and all to perform psons deriving title through, under, or in trust for him, or tions in them, resply, as lessees, mtgees, or otherwise howsoever, shall and will at all times for ever hereafter observe and perform such of the stipulations contd in the schedule hto as are applicable to the lot or lots pchased by him; AND the vendors hby for themselves and their Covenant (a) In framing a deed of this nature the case of Lenals v. Cowlishaw, 11 Ch. D. 866, must be borne in mind. VOL. I. КК nesseth. by pur other and stipula schedule. PREC. XLVIII. by vendors to perform stipulations. Definition schedule. assigns jointly covenant with each of the pchasers his hrs and assigns that the vendors their hrs and assigns will, &c., as above, saying, "the unsold lots [and the roads coloured brown on the sd plan]; " AND IT IS HBY mutually agrd and decld between and by the several psons pties hto that, in the of terms in construction and for the pposes of these presents and of the sd schedule hereunder written, the following terms or expressions shall have or bear the several meanings next mentd, that is to say, "the vendors" shall mean and include the sd A. and B., and their assigns and the survor of them, his hrs and assigns; "the surveyor" shall mean and include the surveyor for the time being of or employed by "the vendors"; "license" shall mean a license in writing by and under the hands of "the vendors" or their duly authorised agent; "the plan" shall mean the sd plan hereupon endorsed; "the lots" shall mean the portion of the sd este appropriated or laid out as afsd for building pposes; the "unsold lots" shall mean the lots not sold to the respive pchasers; and a lot," or "the lot," shall mean one of the "lots"; and the private roads" shall mean the roads coloured brown on the plan; "the public roads" shall mean the roads coloured yellow on the plan; a "private road" or a "public road" shall mean one of the "private roads" or public roads" resply; and owner " with reference to any lot or lots, shall mean and include the pson to whom the same lot or lots has or have been or is or are about to be conveyed as afsd, and his hrs and assigns; PROVD ALWAYS and it is hby one person agrd that the vendors or the owner of any lot may at any time enforce the observance or performance of any of the sd stipulations by any action or proceeding against any other or others of them without making any pson a defendant thto other than the pson committing or suffering the breach of such stipulations which is complained of in such action or proceeding and that these presents may be received as a conclusive answer to any objection for want of pties in that respect in any such action or proceeding; IN WITNESS Whof the several psons pties hto of the first pt, have attached and affixed their respive signatures and seals to these presents, Proviso that any may sue any other. Testimonium. 66 on the days mentd before and against their signatures resply, and the sd A. and B. have hereunto attached and affixed their respive signatures and seals the day and year first above written. THE FIRST SCHEDULE referred to by the foregoing indre. No. of Purchaser's Name. Date of Execution Purchaser's Signa- Witness. by Purchaser. ture and Seal. lot. PREC. XLVIII. THE SECOND SCHEDULE referred to by the foregoing indre. Stipulations, see p. 399, et seq. XLIX. CONVEYANCE in FEE, in consideration of a perpetual RENT-CHARGE, with the BENEFIT of COVENANTS PREC. XLIX. PARTIES, A., vendor, 1; B., purchaser, 2; Recite convey- Recitals. ance to A.," of the hereds hby granted together with other hereds" subject to a perpetual rent-charge of £40 and to certain covenants; Conveyance by A to X., of part of the land subject to the rent-charge and charging the whole rent-charge on that part in exoneration of the land retained by A. and containing covenants by X. and a power of distress, and other (a) As to the stamp on a conveyance in consideration of a rent-charge, see the Stamp Act, 1870, s. 72 (2). This deed does not require registration under 18 & 19 Vict. c. 15, s. 12. |