STUDENTS' PRECEDENTS IN CONVEYANCING. PART I. MODERN FORMS. I. CONVEYANCE of FREEHOLDS by a Vendor seised in FEE THIS INDENTURE, made the 10th day of August, 1920. BETWEEN Sir Andrew Ambler of, &c. (a), Baronet, of the Parties. one part, and Beaven Collier of, &c. (a), Gentleman, of the other part, tion. WITNESSETH that, in consideration of the sum of £10,000 Witnesseth. now to the said Andrew Ambler paid by the said Beaven ConsideraCollier (the receipt whereof is hereby acknowledged) the said Andrew Ambler AS BENEFICIAL OWNER hereby GRANTS unto Operative the said Beaven Collier. Receipt. words. ALL THAT farm known as Eridge Farm, situate in the Parcels. parish of St. John, in the county of Kent, and containing 130a. 2r. 4p. be the same a little more or less. TO HAVE AND TO HOLD (b) the same UNTO AND TO THE USE Habendum. Of the said Beaven Collier, his heirs and assigns (c). (a) Here would be put the address. (b) The words to hold" alone are often used. (c) In conveyances executed after 1881 the words "in fee-simple " may be used instead of the words his heirs and assigns." See Conv. Act, 1881, s. 51. Testimonium. IN WITNESS whereof the said parties hereto have hereunto set their respective hands and seals the day and year first above written (d). Date. Parties. Recitals. tive of title (ii.) Introductory; contract for sale. Witnesseth. tion. II. CONVEYANCE of FREEHOLDS by a Vendor seised in FEE THIS INDENTURE, made the 2nd day of March, 1920, WHEREAS by an indenture dated the 12th day of April, 1900, and expressed to be made between J. B. of the first part, F. G. of the second part, A. B. of the third part, the said J. V. of the fourth part, and K. M. of the fifth part, the hereditaments hereby assured were (together with other hereditaments) granted to the use of the said A. B. and his assigns during his life with remainder to the use of the said J. V., his heirs and assigns; AND WHEREAS the said A. B. died on the 21st day of July, 1915: AND WHEREAS the said J. V. has agreed with the said Earl of Z. for the sale to him for the sum of £10,000 of the hereditaments hereby assured in fee-simple in possession free from incumbrances; NOW THIS INDENTURE WITNESSETH that, in pursuance of the said agreement, and in consideration of the sum of £10,000 now paid by the said Earl of Z. to the said J. V. (d) Where the consideration does not exceed £500, and the conveyance is not a part of a larger transaction in respect of which the consideration exceeds that sum, a statement as follows should be inserted at the end of the deed before the testimonium and it is hereby certified that the transaction hereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration exceeds £500." The object of this is to avoid the increased stamp duty otherwise payable under the Finance (1909-10) Act, 1910, s. 73. (a) In the case of a peer the address is usually omitted; Elph. Conv. (the receipt whereof the said J. V. doth hereby acknow- Receipt. ledge), he the said J. V. AS BENEFICIAL OWNER doth hereby Operative words. GRANT UNTO the said Earl of Z. ALL THAT messuage or farm-house and farm with the Parcels. several parcels of land belonging thereto known as L. Farm, situate in the parish of M., in the county of N., and particularly described in the first schedule hereto, and delineated in the plan drawn on these presents and thereon coloured pink; . TO HAVE AND TO HOLD the same premises UNTO AND TO THE USE OF the said Earl of Z., his heirs and assigns; AND the said J. V. hereby acknowledges the right of the Acknowledgment said Earl of Z. to production and delivery of copies of the and underdocuments of title which are mentioned in the second taking. schedule hereto, and hereby undertakes for the safe custody of such documents. IN WITNESS, &c. THE FIRST SCHEDULE ABOVE REFERRED TO. THE SECOND SCHEDULE ABOVE REFERRED to. III. CONVEYANCE of FREEHOLDS by MORTGAGOR AND MORTGAGEE to a Purchaser. THIS INDENTURE, made the day of —, 19—, BETWEEN A. of, &c. [mortgagee], of the first part, B. Parties (a). of, &c. [mortgagor], of the second part, and C. of, &c. [purchaser], of the third part: fee; WHEREAS by an indenture of mortgage dated, &c., and Recitals: expressed to be made between the said B. of the one part Mortgage in and the said A. of the other part, in consideration of the sum of £1,000 paid by the said A. to the said B., the hereditaments hereinafter described and intended to be (a) As to the order of parties, see Elph. Conv. 67. state of mortgage debt; contract for sale; agreement that mortgagee shall join. Witnesseth. Consideration. Receipt. Operative words. Habendum. hereby assured were conveyed by the said B. unto and to the use of the said A., his heirs and assigns, by way of mortgage for securing the payment to the said A., his executors, administrators, or assigns, of the said sum of £1,000 with interest for the same as therein expressed; AND WHEREAS the said sum of £1,000 still remains owing to the said A. on the security of the said indenture of mortgage, but all interest thereon has been paid up to the date of these presents (b); AND WHEREAS the said B. has agreed with the said C. for the sale to him of the hereditaments hereby assured in feesimple in possession free from incumbrances for the sum of £2,500; AND WHEREAS it has been agreed that the said sum of £1,000 shall be paid to the said A. out of the said purchasemoney, and that he shall join in these presents in manner hereinafter appearing; NOW THIS INDENTURE WITNESSETH that, in pursuance of the said recited agreements, and in consideration of the sum of £1,000 to the said A. now paid by the said C. at the request of the said B. (the receipt whereof the said A. doth hereby acknowledge), and of the sum of £1,500 to the said B. now paid by the said C. (the payment and receipt respectively of which said sums of £1,000 and £1,500, making together the said purchase-money of £2,500, the said B. doth hereby acknowledge); HE, the said A. AS MORTGAGEE (c) and by the direction of the said B., doth hereby GRANT, and HE the said B. AS BENEFICIAL OWNER, doth hereby GRANT AND CONFIRM unto the said C.; ALL THAT [parcels]; TO HAVE AND TO HOLD the same premises UNTO AND TO THE USE OF the said C., his heirs and assigns, discharged from (b) If the conveyance is at a date not coinciding with one of the days appointed by the mortgage deed for payment of interest, the amount of interest will be calculated up to the date of the conveyance, and paid separately to the mortgagee. (c) These words imply a covenant against incumbrances by virtue of the Conv. Act, 1881, s. 7 (1) (F). See Elph. Conv. 107. |