PRECEDENT IN CONSIDERA- enter in case of purchaser to per and declared, and these presents are upon this express condition, that, in case the said C. D., his heirs or assigns, shall refuse, neglect, or fail to build and finish within twelve calendar months from the date hereof, one or more good and substantial messuage or dwellinghouse, messuages or dwelling-houses, or other buildings, the failure of the on the said land hereinbefore expressed to be hereby form the coveappointed and granted, or in case the said C. D., his nant to build; heirs or assigns, shall at any time during the life of the said parties hereto or the survivor of them, or within twenty-one years from the death of such survivor, fail to truly observe, perform, fulfil, and keep the covenants on his and their parts hereinbefore contained, then and in such case, and so often as the same shall happen, it shall be lawful for the said A. B., his heirs or assigns, into and upon the said premises hereinbefore expressed to be hereby appointed and granted, or any part thereof in the name of the whole, to enter, with full liberty, power, and authority on each occasion of his or their so entering to do any act which may be requisite specifically to perform the said covenants of the said C. D. hereinbefore contained; PROVIDED ALSO, that 16.-and to hold the premises till if the said C. D., his heirs or assigns, shall not pay and should insist on the conveyance being taken by the purchaser without a power of appointment: Sugd. Pow. 473. A contract for a purchase of land containing a stipulation that the conveyance shall be made subject to certain conditions and restrictions as to building upon the land, and to a covenant for their observance, and proper provisions for securing the due performance thereof, entitles the vendor to have a power of entry inserted in the conveyance, in case of a breach of the covenant, but not to have a term of years or a rent-charge limited to a trustee : Ex parte Ralph, 1 De G. 219. The proper form of such a power is given in that case; the form in the text being substantially identical with it. It will be observed that the power of entry does not extend beyond twentyone years after the death of a life in being, in order to avoid any question of its invalidity as tending to a perpetuity, though the court intimated an opinion (1 De G. 225), and it is now settled (Sugd. 596), that such a modified enjoyment of property was unobjectionable on that ground. To what provision a vendor is entitled, to secure the performance of such covenants. PRECEDENT IN CONSIDERA TION OF A RENTCHARGE. the covenant has been performed. reimburse to the said A. B., his heirs or assigns, all the reasonable costs, charges, and expenses which he or they shall necessarily or properly incur in or about the doing of any such act as aforesaid, and such costs, charges, and expenses shall not have been satisfied out of the rents and profits of the said premises, it shall be lawful for the said A. B., his heirs or assigns, to continue in possession of the said premises after he or they shall have done such act as aforesaid, until the said C. D., his heirs or assigns, shall have paid and reimbursed to the said A. B., his heirs or assigns, such costs, charges, and expenses, or until the same shall have been satisfied out of the rents and profits of the same premises. IN WITNESS, &c. PRECEDENT CONVEYANCE TO A BUILDING CLUB. 1. Partics. 2. Recites a LX. GROUND CONVEYANCE in PLOTS of a piece of LAND to MEM- THIS INDENTURE, made, &c., between A. B., of, &c. [vendor and a member of the club], of the first part, C. D., of, &c. [another member], of the second part, the said A. B. of the third part [seven other persons being the other members, each of a separate part], and X. Y., of, &c. [grantee to uses], of the eleventh part: WHEREAS the vendor seised in said A. B. is seised in fee simple in possession of the entirety of the land and hereditaments hereinafter 3.-formation of expressed to be hereby granted: AND WHEREAS the nine several persons parties hereto of the first ten parts have formed themselves into a club called the Building Club, for the purpose of building nine villa residences on part of the said land, and of laying out the residue thereof fee; club; PRECEDENT CONVEYANCE TO A BUILDING CLUB. 4.- agreement by members dor to buy eight other than ven for pleasure grounds and carriage drives for the common use of such residences: AND WHEREAS the said nine persons other than the said A. B. have agreed to purchase from him at the price of £, (being at the rate of or thereabouts per superficial square yard), the whole of the said land except the one plot thereof hereinafter limited to the said A. B., and they have subscribed together for the purpose of raising the said sum of £, of the nine lots; and have contributed towards the same in sums proportioned to the quantity of land hereinafter limited to them respectively, and they have mutually agreed to purchase and take the several plots of land hereinafter limited to them respectively: AND WHEREAS the said 5.-vendor reA. B. intends to retain for himself the plot of land here- tains one lot; inafter limited to him: AND WHEREAS it has been 6.-agreement mutually agreed between all parties hereto that the said for conveyance, lands and hereditaments shall be conveyed, assured, lations. limited, and held in the manner and plots, and with, under, and subject to the rights, liberties, conditions, and restrictions hereinafter appearing and contained, and that these presents shall contain the several covenants and stipulations hereinafter contained: NOW THIS INDEN- 7. Witnesseth : TURE WITNESSETH that, in pursuance of the said subject to stipu agreement, and in consideration of the sum of £, consideration upon the execution of these presents paid to the said A. B., by the several other persons parties hereto of the parcels. he the said A. B. Doth hereby grant unto the said X. Y., —grant, his heirs and assigns [Parcels, by reference to a plan, General words, supra, p. 208], To HAVE AND TO HOLD all the 8. Habendum. said premises hereinbefore expressed to be hereby granted unto the said X. Y., his heirs and assigns, To THE USES, and with, under, and subject to the rights, liberties, conditions, restrictions, and stipulations hereinafter limited, declared, expressed, and contained, concerning the same As to plot No. 1, (that is to say): As To the plot numbered one on the and its appurte nant rights over said plan being the easternmost of the nine plots into the common which the said piece of land is divided in the said plan, pleasure ground, &c., PRECEDENT CONVEYANCE ΤΟ Λ to dower uses for C. D. As to plot No. 2, and its appur. tenant rights, which said plot contains altogether square yards or thereabouts, and is coloured red on the said plan (a), and as to such rights, privileges, and easements appurtenant BUILDING CLUB. thereto as are hereinafter given, limited, or mentioned, over, upon, or affecting other parts of the said land and hereditaments hereinbefore expressed to be hereby. granted, To SUCH USES, &c. [Dower uses in favour of C. D., supra, p. 211]: AND AS to the plot numbered two on the said plan, being the second from the east of the said nine plots, which said plot contains altogether square yards or thereabouts, and is coloured green on the said plan, and as to such rights, privileges, and easements appurtenant thereto as are hereinafter given, limited, or mentioned, over, upon, or affecting other parts of the said land and hereditaments hereinbefore expressed to be hereby granted, To THE USE of the said A. B., his heirs and assigns, for ever [Similar descriptions and limitations of the other seven plots]: AND IT IS HEREBY agreed and declared, that the nine several plots of land and the several rights, privileges, and easements appurtenant thereto respectively herein before limited, are so limited upon the conditions, and with, under, and subject to the restrictions and stipulations hereinafter mentioned, expressed, and contained (that is to say): to A. B. in fee. 9. Plots to be held with common rights and liabilities. As to buildings to be erected. 1. ONE MESSUAGE, and no more, shall forthwith be erected and for ever afterwards maintained on each of the said plots, and every one such messuage shall, when finished, be worth a rental of at least £ a year; All the nine messuages to be built shall range together in a straight line, and the fronts thereof shall align upon the "building line" marked on the said plan; The principal entrance to the messuage of the said C. D., shall be on the east side or end thereof, and the principal entrance to the messuage of the said T. U., shall be on the west side or end thereof, and the principal entrance to each of (a) Each lot contained on the plan its fair proportion of the pleasure grounds and intended roads, as well as the site of one villa. PRECEDENT LX. CONVEYANCE TO A the other messuages shall be on the south side thereof, and all the offices shall be on the north side of the said several messuages. The said nine messuages shall be built in three blocks, containing three messuages each, of BUILDING CLUB. which the elevations and external architecture shall be approved of by five at least out of the nine owners, so as to procure uniformity of appearance, and each messuage shall be built at the sole cost of the owner of the plot on which it shall be built. 2. A CARRIAGE DRIVE footway feet wide, shall be made and for ever maintained at the joint and equal expense of the nine persons parties hereto of the first ten parts, and their respective heirs and assigns, along the whole front of and entrance to the said nine messuages, from east to west, in the position marked on the said plan, and shall be continued along the western side of the said piece of land into the public road, and the same parties hereto respectively, and their respective heirs and assigns, and their friends, visitors, and servants, shall have full and free right to use such road at all times, with or without horses and carriages, for the purpose of going to or coming from the said messuages, respectively; but the said carriage road shall not be used by carts or waggons, or by tradesmen bringing goods to the said houses, or by the public generally. The roads now existing, or hereafter to be made, on the north and south sides of the said plots of land, so far as the same are co-extensive therewith, shall at all times be kept properly pitched, paved, and repaired at the expense aforesaid, and not only shall the respective parties hereto, and their respective heirs and assigns, have full and free right to use the same with horses, carts, waggons, and carriages, but [a former owner who had reserved the right] his heirs and assigns shall have feet wide, with a flagged 10. Roads. (b) (b) As to the rights of the adjoining landowners in the soil of As to soil of roads, and of strips of waste between a road and the inclosures, see roads. ante, vol. 1, p. 467, and Davison v. Gill, 1 East, 69; Marquis of Salisbury v. G. N. R. Co., 17 Q. B. Rep. 840. VOL. II. G G |