PREC. XVII. passes through the land hinbefore agrd to be conveyed to Convey- the pchaser]. ance by purchaser. Right of way. Making road. 7. In conson and in exchange for the piece of land hinbefore agrd to be conveyed to the pchaser the pchaser shall grant and convey to the vendor the piece of land, parcels, with the appurts thof and the inheritance thof in fee simple in possion [the right of way and road hinafter mentd so far as the same passes through the sd este of the pchaser known as the Y. este, which is delineated on the sd plan and therein coloured (c)]. [8. THE vendor and his lessees and tenants shall be entled in common with the pchaser and all other psons for the time being entled thto to a right of way and road for all pposes and with or without horses and other animals, carts, carriages, and other vehicles through, along, and over the new road to be made by the pchaser as hinafter mentd through the sd Y. este, and the land hby agrd to be conveyed to the pchaser, from - common to the high road leading from -, as shewn on the sd plan, such right of way and road to be secured to the vendor as to the pt thof which passes through the land hinbefore agrd to be conveyed to the pchaser by way of reservation as afsd, and as to the pt thof which passes through the Y. este of the pchaser by way of grant and conveyance in exchange as afsd]. to 9. [THE pchaser shall at his own sole expense make and construct the sd road (d), including the portion thof passing through the land hinbefore agrd to be conveyed to the pehaser, of an uniform width of not less than feet throughout, and properly metal the same to the satisfaction in all respects of the surveyor of the vendor, and complete (c) The object of defining the Y. estate is to show what lands are to be bound by the restrictive covenants. (d) It is a question whether the power in s. 16 of the Settled Land Act, 1882, to lay out and appropriate roads, &c., extends to authorising the expenditure of capital money in the construction, &c., of the roads, &c.; see ss. 21 (iii.) and 25 (xvii.); but if the site of the roads is sold or given in exchange, this liability may be imposed on the purchaser. day of and at all times PREC. XVII. covenants as to the same on or before the keep in repair and maintain the sd road in good order and fit for use and traffic until the same shall be adopted by the parish or other local authority, and shall in the sd assurance or deed enter into a proper covenant in that behalf]. [10. THE pchaser shall in the assurance of the land hby Restrictive agrd to be conveyed covenant as follows, namely, restrictive covenants as to building, de., on "the land hby agrd to building. be conveyed to the pchaser, and the Y. este afsd," see pp. 398 et seq. The covenants to be entered into as afsd shall be framed so as to be binding so far as may be on the pchaser, his hrs and assigns and all psons from time to time entled to or interested in the sd land hby agrd to be conveyed and the sd Y. este resply, and so that such covenants shall enure for the benefit of the vendor and all psons from time to time entled to or interested in the X. este afsd, and notice of the deed containing such covenants shall be endorsed on the conveyance of the Y. este to the pchaser.] 11. Usual provisions as to title to land given by vendor in exchange-identity-expenses-time for delivery of purchaser's requisitions-rescinding of contract and misdescription. 12. Provisions as to title to be deduced by purchaser. as to 13. THE vendor shall be subjt to the like restrictions Provisions and stipulations as to the expenses incidental to such purchaser's deduction of title as last afsd, and as to the time for deliver- title. ing requisitions and objections with respect to such title as are hinbefore contd and made binding on the pchaser with respect to the title to the land hby agrd to be conveyed in exchange to him. 14. THIS agreemt shall, subjt to the stipulations hin- Complebefore contd, be completed and carried out on the day of tion. PREC. XVII. all pties other than the vendor or his trees (should their concurrence be necessary) of such assurance or deed shall be borne by the pchaser. Provision as to covenants of tenant for life as in p. 841. A duplicate of the sd assurance or deed, to be prepared by and at the expense of the vendor, shall be executed by the pchaser. 15. Provisions as to possession and outgoings, and as to muniments retained by the respective parties. AS WITNESS, &c. PREC. XVIII. Recitals. XVIII. EXCHANGE of FREEHOLDS between a TENANT FOR LIFE conveying under the provisions of the SETTLED LAND ACT, 1882, and an OWNER IN FEE, with mutual grants of RIGHTS OF WAY, and restrictions as to BUILDING, MONEY being paid by the TRUSTEES of the SETTLEMENT for equality of ExCHANGE (a). PARTIES, A., tenant for life, 1; B. and C., trustees of the settlement, 2; D., owner in fee, 3. Recite settlement under Settlement. which "the sd A. is tenant for life in possion of the X. este, which includes the pieces of land and hereds first hby granted, and the land over which the right of way first hinafter described is hby granted, and the sd B. and C. are the trees of the same indre of settlemt for the ppses of the Settled Land Act, 1882 (b); Recital of D.'s seisin in fee of the “ Y. este, which includes the pieces of land and hereds secondly hby granted, and the pieces of land over which the right of way secondly hinafter described is hby granted;" Agreement. AND WHAS the sd A., by virtue and in exercise of the powers Seisin of owner. (a) See the last Precedent and the notes thereto, and ss. 4 (6), 20, and 24 of the Act. (b) See also the other forms of recital at p. 844. PREC. XVIII. vested in him under the Settled Land Act, 1882, has agrd with the sd D. for the exchange of the pieces of land and hereds first hby granted for the pieces of land and hereds secondly hby granted; and as part of the terms of the sd exchange it was agrd between the sd A. and D. that the right of way first hinafter described and hby granted should be granted to the sd D. his heirs and assigns, owners and occupiers of the Y. este, in mner hinafter expd, and that the right of way secondly hinafter described and hby granted should be granted to the sd A. and his successors in title, owners and occupiers of the X. este, in mner hinafter expd, and that these presents should contain such mutual restrictive covenants as to building and as to the user in other respects of the respive pieces of land and premes hby exchanged as are hinafter contd; and further that the sd B. and C. should, out of monies in their hands forming capital monies of the sd settlemt liable to be invested under the afsd Act, pay the sum of £ to the sd D. for equality of exchange; [Recital introductory to covenant for production of deeds, p. 341;] NOW THIS INDRE WITNETH that in psuance Witof the sd recited agreemt, and in conson of the conveyance by way of exchange hinafter made by the sd D. the sd A. as beneficial owner (see p. 406, note), by virtue and in exercise of the powers vested in him under the Settled Land Act, 1882, and of every other power in this behalf him enabling, doth hby grant unto the sd D. his hrs and assigns, Grant by Parcels by reference to schedule and map, see p. 346, omitting life. general words and estate clause, see pp. 357, 359, notes, TOGR WITH full right and liberty for the sd D. his hrs and Right of assigns, owners and occupiers of the Y. este, &c., right of way, see p. 350, TO HOLD all the same premes UNTO AND TO Habendum THE USE of the sd D. his hrs and assigns for ever, subjt to the leases and tenancies affecting the pieces of land hinbefore conveyed, but discharged, &c., as at p. 849; AND THIS Further INDRE ALSO WITNETH that in further psuance, &c., and in conson of the conveyance by way of exchange hinbefore made by the sd A., and of the sum of £- now paid nesseth. tenant for way. to use of owner. witnesseth. REC. XIL owner. Rht of way. to ises of settlement. Covenant by tenant to the D. by the sd B. and C. by direction of the sd A. out of such capital monies as afsd (the rect, &c.) the sd D. as beneficial owner (see p. 406, note) doth hby by the direc tion of the sd A. grant unto the sd B. and C. and their hrs, Grant by Parcels by reference to schedule and map, see p. 346, ToGa wrr full right and liberty for the sd B. and C. and their hrs, and also for the sd A. and his successors in title, owners Hibendum and occupiers of the X. este, &c., right of way, p. 350; To HOLD all the same premes UNTO the sd B. and C. and their hrs, subjt to the leases and tenancies affecting the sd respive pieces of land and premes lastly hby conveyed, to uses of settlement, see p. 858; AND IN PSUANCE of the sd recited agreemt in this behalf, and in conson of the premes, the sd A. doth hby for himself and his successors and assigns, and so as by virtue of the provons of the Settled Land Act, 1882, to bind not only himself psonally, but also all future owners and occupiers of the hereds taken in exchange by him as afsd, and to bind such hereds into whosesoever hands the same may come, covenant with the sd D. his hrs and assigns, the owner or owners for the time being of the Y. este, that the sd A. his hrs and assigns, will, &c., Covenants restrictive of building, &'c., on the lands taken in exchange by Covenant A., see pp. 399, et seq.; AND IN PSUANCE, &c., and in conson restrictive of the premes, the sd D. doth hby for himself and his of building assigns, to the intent to bind not only himself but all psons for lite restrictive of building. by owner claiming title under him to the hereds taken in exchang by him as afsd, covenant with the sd B., and C., and their hrs, and also separately with the sd A. and his successors in title, the owner or owners for the time being of the X. este, that the sd D. his hrs and assigns will, &c., Covenants restrictive of building, &c., on lands taken by D. in exchange; [Proviso restricting A.'s liability under implied covenants for title, if required, p. 385, form 11.]; [Acknowledgment and undertaking by A. with D., and by D. with B. and C., as to muniments retained by them respectively, p. 391]. IN WITNESS, &c. [Two schedules of Parcels and two of Muniments.] |