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PRECEDENT
LX.

CONVEYANCE

ΤΟ Α

BUILDING CLUB.

11. Lodge and porter.

12. Pleasure ground.

13. Parties not to grant rights of way.

14. Fence walls.

the right to use and to grant to all or any other persons a right to use the said road on the north side of the said plot of land for access to and egress from the land on the east of the said piece of land herein before granted.

3. A LODGE, may, with the consent of a majority of the owners for the time being of the said nine houses, be built and maintained at the expense aforesaid at the point where the said carriage road will enter the said public road, and a porter, who shall live in the lodge, shall be appointed from time to time, by a majority in number of the owners for the time being of the said nine houses, for the purpose of securing the privacy of the said carriage road and of the pleasure ground hereafter mentioned, and the porter's wages shall at all times be at the expense aforesaid.

4. A PLEASURE GROUND and garden shall be laid out, made, and maintained at the expense aforesaid on the south side of the said piece of land hereinbefore granted in the situation, and of the extent, shown on the said plan, and the parties hereto respectively, and their respective heirs and assigns, and the occupiers for the time being of the said messuages, shall have in common the full and free use and enjoyment thereof, subject to such regulations, if any, as may from time to time be established by or with the consent of a majority of the owners for the time being of the said messuages.

5. THE PARTIES hereto, respectively, and their respective heirs and assigns, shall not at any time hereafter give or grant any right of way, or passage, or other easement, over upon or affecting the said land hereinbefore grapted or any part thereof unto the owner or owners for the time being of any of the hereditaments situate northward of the said land.

6. A FENCE WALL, with a row of single dressed stones no higher than 18 inches above the level of the ground, and with a palisading thereupon not less in height than 4 feet 6 inches, shall, at the expense aforesaid, be forthwith built and for ever afterwards maintained on the south and east sides of the said land hereinbefore granted.

PRECEDENT

LX.

CONVEYANCE
TO A

15. Spring of

7. THE PARTIES hereto, respectively, and their respective heirs and assigns, shall not wilfully foul, injure, destroy, or divert the spring of water now rising and flowing in and upon the said land hereinbefore granted, BUILDING CLUB. but will permit and suffer the same to run and flow as it hath hitherto done into the adjoining land of [the former water to be preowner], eastward of the said land hereinbefore granted, so that the same may be there used by the said [former owner], his heirs and assigns, for a fountain or otherwise.

8. THE PARTIES hereto, respectively, and their respective heirs and assigns, shall not at any time hereafter, without the previous consent in writing of the said [former owner], his heirs or assigns, and also of the said A. B., his heirs or assigns, erect, or suffer to be erected upon any part of the land by these presents dedicated to the purposes of pleasure ground or roads, any building, except the said lodge, or summer houses, or other similar buildings of a character usual to and suitable for ornamental grounds, and such fence walls as herein before mentioned.

served.

16. No building except lodge or

summer house to

be erected in pleasure ground.

17. As to a

9. THE PARTIES hereto, respectively, and their respective heirs and assigns, shall have a right to use the common sewer. existing sewer under the said public road, as a common sewer, and to lay drains into it for their respective houses, allowing to each other, so far as may be necessary or convenient, the free passage of soil and water through such drains (c).

(c) A variety of other provisions of a similar nature will be found in the Precedents of building leases, infra, vol. v. Where the owner of two adjoining houses sells one of them the purchaser is entitled to the benefit of all the drains from his house, and under the adjoining house or land, and is subject to all the drains from the adjoining house in the property he has purchased necessary to the enjoyment of the respective houses, without an express grant or reservation, Pyer v. Carter, 1 H. & N. 916; but this rule applies only to such easements as are apparent and continuous, Glave v. Harding, 27 L. J., Exch. 286.

As to rights in a neighbour's drains.

PRECEDENT

LX.

CONVEYANCE

AND EACH of them the several persons parties hereto of the first ten parts, so far as the covenants and stipulations herein contained are to be performed or observed by him his heirs and assigns, or relate to the plot of land herein before limited to him his heirs and assigns, doth hereby for himself, his heirs, executors, administrators, bers to abide by and assigns, covenant with the said X. Y., his heirs and

TO A BUILDING CLUB.

18. Mutual covenants by mem

stipulations;

assigns, (d) that they the said covenanting parties respectively, and their respective heirs and assigns, will in all things perform, observe, and abide by the several stipulations and restrictions hereinbefore contained, and will not do, or suffer to be done, upon the respective plots of land herein before limited to them respectively anything contrary to any of such stipulations and restrictions, or which may abridge, prejudice, or interfere with the free use and enjoyment by all or any of the other parties hereto, or their respective heirs or assigns, of the plots of land, rights, privileges, and premises hereinbefore limited to them respectively, or which may be or become a public or private nuisance: AND WILL at all times, on per share of com- demand, bear and pay a proper proportion of all charges and expenses payable by the said parties, their heirs or assigns, in common, or which shall otherwise become 20-and indem- payable under these presents: AND WILL at all times save, defend, and indemnify the others of the same parties, respectively and their respective heirs and

19.-pay a pro

mon expenses;

nify each other;

(d) In order that the benefit of these covenants may run with the land and enure to the other members of the club, they are properly entered into with the grantee to uses; see ante vol. 1. p. 110, 136, and supra, p. 235 (k). Each member injured by a breach of covenant, may sue the offender for the breach without making the other members parties, see the cases cited supra, p. 444, n. (g) but where such covenants are entered into by members of a building Club with the trustees of the club for the benefit of the persons for the time being claiming under conveyances made by the trustees, the trustees are necessary parties to an injunction bill; and it seems that the plaintiff should sue on behalf of himself and all other persons entitled to the benefit of the covenants, Eastwood v. Lever, 3. N. R.

PRECEDENT

LX.

CONVEYANCE

TO A

BUILDING CLUB.

21. Limitation of entry for securing perstipulations;

of cross powers

formance of

assigns from and against the payment of all or any part of such last mentioned proportion of charges and expenses, and from and against all costs, damages, and payments on account of the non-payment thereof, or the breach, nonperformance, or non-observance by the said covenanting parties respectively or their respective heirs or assigns of any of the said stipulations and restrictions: PROVIDED ALWAYS, and it is hereby agreed and declared, and these presents are upon this express condition (e), that in case any of the persons parties hereto of the first ten parts, or their respective heirs or assigns, shall refuse, neglect, or fail to erect and build forthwith, and afterwards for ever to maintain a good and substantial messuage, with offices, worth a rental of at least £ a year, on the plot of land hereinbefore limited to such person or in case any of the said parties hereto, or their respective heirs or assigns shall at any time within the lives and life of the parties hereto, and the survivors and survivor of them, or within twenty-one years after the death of such survivor, break or fail to perform observe or abide by all or any of the covenants stipulations and restrictions on his and their parts respectively herein contained, or by him or them respectively to be performed observed or abided by then and in such case, and so often as the same shall happen, it shall be lawful for the other persons parties hereto, or any of them, their or any of their heirs or assigns, into and upon the plot of land hereinbefore limited to the person who, or whose heirs or assigns, shall so be in default or offend to enter with full liberty and power, on each occasion of his or their so entering, to do any act which may be requisite specifically to perform the said covenants and stipulations or to enforce the said restrictions or any of them: PROVIDED ALSO that if the person or persons so 22.—and payin default or offending shall not pay and re-imburse to the others or other of the said parties hereto, or their respective heirs or assigns, all reasonable costs, charges,

(e) As to these provisions, see supru, p. 445, n.

ment of expenses.

PRECEDENT
LX.

CONVEYANCE

TO A

and expenses which they or he, or any of them, shall necessarily or properly incur in or about the doing of any such act as aforesaid, and such costs, charges, and BUILDING CLUB. expenses shall not have been satisfied out of the rents and profits of the plot of land hereinbefore limited to the person who or whose heirs or assigns shall so be in default, or offend, it shall be lawful for the person or persons so entering as aforesaid to continue in possession of the premises entered upon after they or he shall have done such act as aforesaid, until they or he shall have been fully re-imbursed all such costs, charges, and expenses. [Add covenants by A. B. with X. Y. for title, supra, p. 310, and for production of title deeds, infra, precedent LXXVI.] IN WITNESS, &c. (ƒ)

LXI.

LXI.

PRECEDENT CONVEYANCE of a BANKRUPT'S FREEHOLD by the ASSIGNEES and BANKRUPT (a).

BANKRUPT'S

FREEHOLD.

1. Parties.

A bankrupt's real estate vests in his assignees by virtue of their appointment.

THIS INDENTURE, made, &c., between A. B., of &c., and C. D., of &c. [creditors' assignees], of the first part;

(ƒ) Such a deed should be executed in as many parts as there are plots of land, and each member should have one part executed by all the other members.

(a) A bankrupt's lands, tenements, and hereditaments, (except copy or customaryhold and trust estates) and all such lands, tenements, and hereditaments, as he may purchase, or as shall descend, be devised, revert, or come to him before he has obtained his order of discharge, and all deeds and writings respecting the same vest absolutely in his assignees for the time being for the benefit of his creditors, by virtue of their appointment, and without any deed of conveyance, under the "Bankrupt Law Consolidation Act, 1849," (12 & 13 Vict. c. 106, s. 142). In the first instance, and until the appointment of a creditors' assignee, they vest in the official assignee, but as soon as the creditors' assignee is appointed they are divested out of the official and vested in the creditors' assignee alone, by the "Bankruptcy Act, 1861," (24 & 25 Vict. c. 134, s. 117).

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