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retained] by the vendor up to the said
day of and as from that day the outgoings shall be discharged and the rents [or possession] taken by the purchaser; and such rents and outgoings shall, if necessary, be apportioned between the vendor and purchaser for the purpose of this stipulation.
SALE OF FREEHOLDS.
5. If from any cause whatever the purchase shall not 8. From that day purchaser to be completed on the said take the rents shall pay interest after the rate of £- per cent. per and profits, and annum on the remainder of the purchase-money from pay interest. that day until the purchase shall be completed (f).
6. If any error, mis-statement, or omission shall be 9. Compensation discovered in the description of the property, the same shall not annul the sale, but compensation shall be allowed or given, as the case may require, and shall be settled by E. H., of, &c., and G. H., of, &c. (g), or an umpire to be appointed by them in writing before they commence their duty, and the decision of the said E. H. and G. H. if they agree, and of the umpire if they disagree, shall be final (h). IN WITNESS whereof the said A. B. and C. D. have hereunto set their hands the day and year first above written.
(f) As to the payment of interest on purchase-money, and the effect of the words "if from any cause whatever," see Vol. i., 512 Tewart v. Lawson, 3 Sm. & G. 307; Vickers v. Hand, 26
(h) An agreement to sell land does not make the vendor a trustee for the purchaser until he has been declared a trustee by a Court of Equity in a suit for specific performance Re Carpenter, Kay, 418; Re Propert, 22 L. J. 948, Ch.; Purser v. Darby, 4 K. & J. 41; and though it operates in equity as a conversion into personalty, it does not take the legal estate in the land out of the operation of a general devise of real estate contained in a will previously executed: Re Manchester and Southport Railway Company, 19 Beav. 365, see 369; nor will the legal estate pass by a devise of trust estates: Purser v. Darby, supra. A specific devise of the whole of a farm previously agreed to be sold will pass the legal estate to the devisee; but the
Mere agreement to sell does not
make the vendor a trustee.
Devises of land agreed to be
SALE OF COPY
HOLD HOUSE AND
AGREEMENT for the SALE of a COPYHOLD (a) MES
SUAGE with FIXTURES and FURNITURE.
AN AGREEMENT made this
18-, between A. B., of, &c. [vendor], of the one part;
2. Recital, that and C. D., of, &c. [purchaser], of the other part: WHEREAS
vendor is seised
of a messuage,
Costs of obtaining
a conveyance from infants, by whom to be borne.
Purchaser of copyholds has notice of the customs.
the said A. B. claims to be seised of or entitled to ALL THAT capital messuage [parcels], being copyhold of the
personal representative, not the specific devisee, will be entitled to the money: Knollys v. Shepherd, cited 1 Jac. & W. 499; and in the absence of a specific devise, a general devise of real estate after a contract for sale will primâ facie pass the legal estate in the land sold: Wall v. Bright, 1 Jac. & W. 494. Where, however, the owner of a farm agrees to sell only part of it, and afterwards specifically devises the farm, it seems that the legal estate in the part sold will pass not by the specific devise, but by a general devise, if there be such; and in the absence of a general devise, will descend on the heir: Re Bagot's Settlement, 31 L. J. 772, 774, Ch. Should a vendor, after contracting to sell land, die intestate, leaving an infant heir, each party must bear his own costs of a suit for obtaining a conveyance from the infant: Hodson v. Carter, 1 New Rep. 179; and the rule is the same where a vendor, before the contract, has devised the land to an infant, Murdin v. Patey, 1 New Rep. 566; but if, after a contract for sale, the vendor devises the land to infants, the costs will, in the absence of a stipulation to the contrary (Vol. i., pp. 499, 542), fall on the vendor's estate: Purser v. Darby, 4 K. & J. 41; Cresswell v. Haines, 31, L. J. 237, Ch.
(a) When a person contracts to buy a copyhold estate, he contracts to buy it subject to all the customs, fines, heriots, and burdens, to which it is subject by the custom of the manor: Hanbury v. Litchfield, 2 Myl. & K. 629; Vol. i., p. 447. And, therefore, a provident person, before he enters into any treaty respecting copyholds, will inform himself at least of the amount of the fines and heriots, and the occasions on which they are paid, the right of the copyholder to timber and minerals, and, generally, of the nature of the customs of the manor. But, it may be observed, that if a man sells copyhold property subject to a condition that the purchaser shall take the timber at a valuation, he must produce evidence to satisfy the purchaser that the copyholder has the absolute and
manor of - in the county of
SALE OF COPYHOLD HOUSE AND FURNITURE.
and entitled to
with the appur- PRECEDENT II. tenances, for an estate of inheritance in possession to him and his heirs, according to the custom of the said manor; and is also absolutely entitled to certain fixtures, furniture, pictures, and other effects in or about the said messuage and premises: AND WHEREAS the said messuage and hereditaments, with the said fixtures, furniture, pictures, and other effects, have, since the 18-, been occupied and used by the said C. D. as tenant to the said A. B., but no rent has been paid for the same Now the said A. B. and C. D. hereby agree as follows:
1. The said A. B. shall sell, and the said C. D. shall 4. Agreement to sell and purpurchase, the copyhold messuage and hereditaments chase. hereinbefore particularly mentioned, with their appur- 5. Parcels. tenances and the inheritance thereof, according to the custom of the said manor, in possession, free from incumbrances, and also the aforesaid fixtures, furniture, pictures, and other effects, at the price of £, to be 6. Considerapaid by the purchaser to the vendor in manner following (that is to say), £, part thereof, immediately on the execution of these presents, £, further part thereof, on the day of next, at the office of
the remainder thereof, on the day of 18, at the same office, but without interest on the said up to the said respective days
sums of £
of payment thereof.
2. The vendor shall, within from the date hereof, 7. Vendor to deat his own expense, deliver to the purchaser's solicitor an abstract of his title to the said copyhold premises.
exclusive right to the timber, although, if nothing is said about the timber, and it is therefore included in the purchase of the estate, the purchaser can raise no objection in respect of the lord's claim to it.
There is considerable risk in purchasing a copyhold messuage Waste of copy with the intention of pulling down either the messuage itself or any of the outbuildings; for such pulling down (even if the premises be re-built) may be waste, so as to incur a forfeiture of the tenement. (See Doe d. Grubb v. The Earl of Burlington, 5 B. & Ad. 507; and
SALE OF COPY
8. and convey the messuage;
9. and deliver the chattels.
3. Upon payment at the office aforesaid of the said sums of £ and £ on the respective days of payment HOLD HOUSE AND thereof, the vendor and all other necessary (b) parties (if any) shall at the cost of the purchaser surrender and assure the said copyhold premises to the use of the purchaser, his heirs and assigns, according to the custom of the said manor, free from incumbrances, but under and subject to the rents, accustomed heriots, fines, suits, and services, as from the 25th day of December last; And shall deliver to the purchaser all the said furniture, pictures, and other effects in or about the premises, and shall covenant for the title, enjoyment, and further assurance of the premises, in the usual form and manner, the deed of covenants to be prepared by and at the expense of the purchaser, and to be left by him- days at least before the said day of at the office aforesaid. 4. The purchaser shall continue to occupy the premises, and to use the said fixtures, furniture, pictures, and effects, rent free, until the completion of the purchase (c), and no rent shall be payable by him for the past occupation or use thereof.
10. Purchaser to continue to oc
cupy and use, rent free, till completion of purchase.
11. Purchaser to pay interest on his purchasemoney if pur
What is waste.
5. If, from any cause whatever, the said sums of £and £, or either of them, shall remain wholly or
the authorities there cited.) But there is no authority for saying that any act can be waste which is not injurious to the inheritance either, 1st, by diminishing the value of the estate; 2ndly, by increasing the burden upon it; 3rdly, by impairing the evidence of title. Denman, C. J., 5 B. & Ad. 517. See Yool on Waste.
(b) When a copyhold has been devised to trustees, who are not admitted, and the beneficial owners sell and procure the purchaser to be admitted on the surrender of the customary heir, the purchaser is entitled to have from the trustees a release of their bare right to admittance: Steele v. Waller, 28 Beav. 466.
(c) It seems probable, that an agreement of this nature operates as a demise from the vendor to the purchaser, till the day fixed for the completion of the purchase; for it is an agreement that the vendor shall divest himself of the possession, and the purchaser come into it for a determinate time, being less than three years. (See Back. Abr. tit. Leases, K.; Wilkinson v. Hall, 3 Bing. N. C. 508, 532.) The Real Property Act, 8 & 9 Vict. c. 106, s. 3, requires leases, which by law must be made in writing, i.e., for three years
SALE OF COPY
chase not completed by a given
partially unpaid after the days hereinbefore appointed PRECEDENT II. for the payment thereof respectively, they shall carry interest at the rate of £- - per cent. per annum, from HOLD HOUSE AND the days on which the same respectively ought to have been paid until the purchase shall be completed (d). 6. All taxes, rates, quit-rents, and other outgoings payable in respect of the said premises shall be paid up to the said 25th day of December last, by the vendor, and from that day by the purchaser; And, lastly, [add the compensation clause, Precedent XVI.]. IN WITNESS, &c.
12. Taxes, &c.,
by whom to be paid.
AGREEMENT with ORDINARY STIPULATIONS as to PRECEDENT III. TITLE for sale of a FREEHOLD, COPYHOLD, and
AN AGREEMENT, made this
SALE OF FREE
HOLDS, AND LEASEHOLDS.
between A. B., of, &c. [vendor], of the one part, and 1. Parties
C. D., of, &c. [purchaser], of the other part.
1. The said A. B. will sell, and the said C. D. will purchase, at the price of £, the
prising the manor of
2.-agree to sell
and the mansion-house of
hall, and divers messuages, farms, lands, cottages, and
or more, see supra, p. 3, n. (b), to be under seal; but an agreement not under seal for a lease for three years from next Lady-day, and for a lease till next Lady-day, is valid: Rollason v. Leon, 7 H. & N. 73.
(d) See supra, p. 5, n. (ƒ); and as to what is the completion of the purchase, Vol. i., p. 521.