LV. DEED of COVENANT between VENDORS and PURCHASERS of land PRKC. LV. laid out in BUILDING PLOTS (c). THIS INDRE made the day of betn the sevl Parties. psons who have signed their names & affixed their seals to these psnts (other than the pties hto of the second pt) hinafter called the pchasers of the one pt, & A. of, &c., & B. of, &c., hinafter called the vendors of the other pt: WHAS the este wch Recitals. is delineated on the plan hrupon endorsed, & wch is situated in the parish of in the coy of to vendors. out. at was by an Conveyance indre, &c., assured to the use of the vendors, their hrs & assns; AND WHAS the vendors have appropriated or laid out as bldg Estate lai sites divers pts of the sd este wch are hinafter designated as "The Lots," & are distinguished on the sd plan by the numbers from 1 to inclusive, & by the colours pink & blue, & have appropriated or laid out as roads other pts of the sd este distinguished on the sd plan by the colours yellow & brown & their distinctive names & have dedicated to the public the roads coloured yellow on the sd plan, & intend to dedicate to the public the roads coloured brown on the sd plan as soon as the pper local authority shl be willg to adopt the same: AND WHAS each of the pchasers has recently pchased Purchase from the vendors one or more lots, & the vendors have made or are about to make pper convces of the same to the respive pchasers thof in fee simple; AND WHAS the parlar lot or lots so pchased as afsd by each of the sd pchasers will appear by lot is disreferce to the no or nos entd opposite to his name in the tinguished first schdle hto, all the nos so entd correspondg with those dule. by wch the lots are distinguished as afsd in the plan; AND The sales WHAS, upon the contracts for the sd sevl pchases hinbfe refd subject to to being entd into, it was agrd that each of the sd pchasers, stipulahis hrs & assns, shd observe & pform such of the stipulons contd in the second schdle hto, as are applicable to the lot or lots pchased by him as afsd, [& that the vendors, their hrs & (c) Notice of this deed should be endorsed on the conveyance to A. and B., and also on the conveyance of each lot. See ante, p. 285, note. As to laying out part of a settled estate for building purposes, see Settled Land Act, 1882, s. 16. of lots. How each purchaser's in sche made tions. PREC. LV. Witnesseth. Covenants by purchasers with each other and the vendor to perform stipulations in schedule. Covenant by vendors to perform stipulations. Definition of terms in schedule. assns, shd observe, &c., as above, sayg, "the unsold lots"] [& the roads coloured brown on the sd plan], & that for effectuatg such agrmt these psnts shd be made & exted: NOW THIS INDRE WITNETH that in conson of the premes each of the pchasers doth hby for himself & his assns, covt with every two & more & each one of the other pchasers & their & his respive hrs & assns, & also separately with the vendors, their hrs & assns (a), THAT he the sd covtor, his hrs & assns, & all psons derivg title through, under, or in trust for him or them resply, as lessees, mtgees, or orwise howsr, shl & will at all times for ever hrafter observe & pform such of the stipulons contd in the 2nd schdle hto as are applicable to the lot or lots pchased by him; AND the vendors hby for themselves & their assns jtly covt with each of the pchasers, his hrs & assns, that the vendors, their hrs & assns, will, &c., as above, sayg, "the unsold lots [& the roads coloured brown on the sd plan];" AND IT IS HBY mutually agrd & decld betn & by the sevl psons pties hto that, in the constron & for the pposes of these psnts & of the 2nd schdle hrunder written, the follg terms or expressions shl have or bear the sevl meangs next mentd, that is to say, "the vendors" shl mean & include the sd A. & B., & their assns & the survor of them, his hrs & assns; "the surveyor" shl mean & include the surveyor for the time being of or employed by "the vendors"; "license shl mean a license in writg by & under the hands of "the vendors" or their duly authorised agent; "the plan" shl mean the sd plan hrupon endorsed; "the lots" shl mean the portion of the sd este appropriated or laid out as afsd for bldg pposes; the unsold lots" shl mean the lots not sold to the respive pchasers; & "a lot" or "the lot," shl mean one of the "lots"; & "the private roads" shl mean the roads coloured brown on the plan; "the public roads" shl mean the roads coloured yellow on the plan; a "private road" or a "public road" shl mean one of the "private roads" or "public roads" resply; & "owner" with referce to any lot or lots, shl mean & include the pson to whom the same lot or lots has or have been or is or are about to be conveyed as afsd, & 66 (a) In framing a deed of this nature the cases of Renals v. Cowlishaw, 11 Ch. D. 866, and Everett v. Remington, [1892] Ch. 148, must be borne in mind; see p. 286, note. one person his hrs & assns: PROVD ALWAYS & it is hby agrd that the PREC. LV. vendors or the owner of any lot may at any time enforce the Proviso observce or pformce of any of the sd stipulons by any action that any or pcdg agst any other or others of them witht makg any pson may sue a deft thto other than the pson committg or sufferg the breach any other. of such stipulons wch is complained of in such action or pedg & that these psnts may be reced as a conclusive answer to any objon for want of pties in that respt in any such action or pedg: IN WITS Whof the sevl psons pties hto of the first pt, have Testimoattached & affixed their respive signatures & seals to these psnts, on the days mentd bfe & agst their signatures resply, & the sd A. & B. have hrunto attached & affixed their respive signatures & seals the day & yr first above written. The first schdle refd to by the foregoing indre. No. of Purchaser's Name. Date of Execution Purchaser's Signa- Witness. nium. The second schdle refd to by the foregoing indre. [Restrictive stipulons, see p. 287 et seq.] LVI. CONVEYANCE in FEE for BUILDING purposes, in con- PREC. LVI. PARTIES, A., vendor, 1; B., pchaser, 2; Recite convce to A., Recitals. "of the hds hby grted togr with other hds" subjt to a perpetual (b) As to sales in consideration of a rent-charge and the power of re-entry, see p. 305, note. (c) As to the stamp on a conveyance in consideration of a rent-charge, see Contract. Wit nesseth. Grant. Together with PREC. LVI. rent-chge of £40 & to certn covts; Conveyce by A. to X. of pt of the land subjt to the rent-chge & chging the whole rent-chge on that pt in exoneron of the land retained by A. & contg corts by X. & a power of distress, & other provons for indemnifying A. & the land retained; AND WHAS the sd A. has agrd with the sd B. for the sale to him of the hds hby grted in conson of the yrly rent-chge of £30 hinafter limd & the covts by the sd B. hinafter contd; NOW THIS INDRE WITNETH that in psuance, &c., & in conson of the yrly rent-chge hinafter limd to the sd A., & of the covts by the sd B. hinafter contd, the sd A., as benefl owner doth hby grt unto the sd B., pcels, p. 377: TOGR WITH the full benefit of all the covts by the sd X. & powers & remedies in the sd indre of, &c., contd or orwise existg for securg the paymt by the sd X., his hrs & assns, & indemnifying the sd A., his hrs & assns, & the hds hby grted agst the paymt of the sd yrly rent-chge of £40 by the same indre chged exclusively on the hds thby assured to the sd X., TO HOLD the same UNTO the sd B., & his hrs, To THE USE that the sd A., his hrs & assns, shl rece a perpetual yrly rent-chge of £30 to commce from the date of these psnts & to be chged upon & issuing out of all the premes hby grted & to be pd witht any dedon (a) by eql half-yrly paymts on the day of, & in every yr, the first paymt thof to be next (b), AND SUBJT & chged as benefit of covenants. Habendum. Limitation of rentcharge. Statutory remedies for rent charge. the day of made on the day of the Stamp Act, 1891, s. 56 (2). This deed does not require registration under 18 & 19 Vict. c. 15, s. 12, and is not affected by the Lands Charges Registration and Searches Act, 1888, which relates to land charges created otherwise than by deed only; see s. 4. (a) As to these words, see p. 305, note (e). (b) The Conv. Act, 1881, s. 44, gives to the owner of any annual sum charged on land or the income of land, not being rent incident to a reversion, the following remedies for recovering the same and the costs arising from non-payment, so far as they might have been conferred by the instrument creating the charge, but subject to the interests having priority over the charge, namely, if the charge is in arrear for twenty-one days, a power of distress, if the charge is in arrear for forty days a power to enter and take the rents and profits, and also whether he enters and takes possession or not, a power to limit a term of years to a trustee upon trusts for raising the charge and costs; and that enactment is by the Settled Land Act, 1890, s. 9, extended to a grant by a tenant for life under the Settled Land Acts for building purposes, reserving a perpetual rent. Powers of distress and re-entry may, therefore, be omitted; the following are the usual forms of such powers which would, if inserted, come in at this point; it is conceived Covenant to pay rentcharge. afsd, To THE USE of the sd B., his hrs & assns for ever; AND PREC. LVI. THE sd B. doth hby covt with the sd A., his hrs & assns, that he the sd B., his hrs & assns, will henceforth pay to the sd A., his hrs & assns, the sd yrly rent-chge of £30 at the times & in the mner hinbfe appted for the paymt thof, free from all dedons (c) AND FURTHER, &c., for erectg & maintaing bldgs, &'c., & restrictive corts, see p. 424: And will permit the sd A., his hrs & assns & his or their agents, once in every yr in the daytime, on givg to the tenant or occupier for the time being of any dwellg-house or bldg upon the sd premes hby grted, days prevs notice in writg to enter into & upon the same to view the state of repair & condon thof: Power of re-entry, p. 425 (d): [PROVD ALWAYS & it is hby agrd & decld that if the sd B., his hrs or assns, shl at any time within the sd period of Power to purchaser to redeem rent that the power of distress is not affected by the Bills of Sale Acts, see p. 306, charge. note : distress. "AND TO THE FURTHER USE, that if any pt of the sd rent- Power of chge hby limd shl at any time be unpd for twenty-one days after any of the days hinbfe appted for the paymt thof, then & so often it shl be lful for the sd A., his hrs & assns, to enter into & distrain upon the sd premes hby grted or any pt thof, to the intent that thby or orwise the sd rent-chge, & every pt thof so unpd, & all costs & expses occased by the non-paymt thof, may be pd & satisfied, AND TO THE FURTHER USE, that if Power of any pt of the sd rent-chge shl at any time be unpd for forty entry. days after any of the days hinbfe apptd for the paymt thof, then & so often, although there shl not have been any legal demand made thof, it shl be lful for the sd A., his hrs & assns, to enter into & upon, & to hold the same premes or any pt thof, & to take the rents & profits thof, until he or they shl thby or orwise be pd the sd rent-chge, & the arrears thof due at the time of entry or aftwds to become due durg such posson, togr with all costs occased by the non-paymt thof, such posson, when taken, to be witht impeachmt of waste" [restriction of power as to time, p. 526, note (a), mutatis mutandis]. (c) If the land is sold subject to the prior rent-charge instead of being Sale exonerated from it, the recital of the contract for sale and the habendum subject to will be," subjt to the sd rentchge of £ reserved by the prior renthinbfe recited indre of, &c.," and a covenant by the purchaser to pay and keep the vendor indemnified against the rent-charge of £40 will be added. See p. 422, form vII. (d) Compare the form in Precedent LVII., infra, p. 546. K.E.-VOL. I. N N charge. |