Grant. Habendum. To use of grantee. & in conson of the convce contd in the sd indre of even date hwith [& of the sum of £- upon the exon hrof pd by the sd C. with the consent of the sd B. to the sd A. for equality of exchange, the rect whof is hby acknowed], the sd B., as mtgee, at the reqt of the sd A., doth hby grt & rele, & the sd A., as benefi owner, doth hby grt & confirm unto the sd C., pcels, p. 377; TO HOLD the same UNTO & TO THE USE of the sd C., his hrs & assns for ever, free from the mtge, p. 395; [Acknmt by B. as to munimts retained, p. 418]. IN WITS, &c. [Schdle of Pcels.] Parties. Recitals. Wit nesseth. V. AGREEMENT between TRUSTEES and URBAN AUTHORITY for an EXCHANGE (give and take) of SMALL STRIPS of LAND to WIDEN and IMPROVE a ROAD. day of BETN A., Road, in the Road, so far as MEM OF AGRMT made the of, &c., B., of, &c., & C., of, &c. (the trees under the will d codl of the sd D. deced), hinafter called "the trees," by E., of, &c., their agent of the one pt, & the mayor, aldermen & burgesses of the borough of, actg by the town council as the urban sanitary authority of the sd borough, hinafter called "the corporon," by F., of, &c., town clerk of the sd borough, their agent, of the other pt: WHAS the trees are as such trees as afsd the owners of certn lands & hds known as the este, pt of wch abuts upon & has a frontage to borough of afsd AND WHAS the sd it abuts upon the sd este, now is of irregular width & in some pts considerably narrower than the minimum width now allowed by the bye-laws of the sd borough: AND WHAS it will be mutually advantageous to the pties hto for a give & take line to be arranged betn them as shown on the plan annexed hto by the red line marked A B, with a view to the sd Road being improved and widened to a minimum width of feet: WITNETH that the trees & the corporon agree as follows:1. THE trees & the corporon shl adjust the boundary of ---- the sd este abuttg upon the sd on the sd Road by adoptg as its boundary the sd line shown on the sd plan & marked A. B., & the trees shl give to the corporon for the pposes of improvg & wideng the sd Road the land coloured plan, hinafter refd to as "land given," now formg pt of the sd este, & the corporon as such urban sanitary authority as afsd shl give in exchange to the sd trees the land coloured green on the sd plan, hinafr refd to as "land taken." to be 2. As the land given & the land taken are resply of very No title or small area, the trees shl not be called upon to show any title conveyance to or to make a convce of the land given, nor shl the corporon shown or be called upon to show any title to or make a convce of the land taken. made. widened 3. THE sd give & take line is agrd to betn the trees & Street to be the corporon for the ppose of enablg the corporon to im- and fenced. prove & widen the sd Road to a minimum width of feet, & the corporon hby agree to complete the wideng of the sd Road so far as it abuts on the lands & hds of the trees within -, & to make & construct at their own expse, & as soon as the sd improvemt & wideng are commced, a good & substantial post & wire fence similar to that boundg the other portion of the este abutg upon Road afsd along the sd give & take line betn the points marked A. & B. on the sd plan. IN WITS, &c. VI. CONVEYANCE in EXCHANGE by ONE DEED (a) of FREE- PARTIES, A., owner of one ppty, 1; B., owner of other ppty, 2. WHAS the sd A. is entled in fee simple, free from incumbces, Recitals. to the land with the bldgs thron, edged resply (a) To be executed in duplicate. It is usual, where the case admits, to have two deeds; see Precedent IV. Agreement for exchange, Witnesseth. Grant. Habendum. Reserva tion and grant of light, &c. on the plan hto annexed, & the sd B. is entled in fee simple, free from incumbces, to the land with the bldgs thron, edged resply- & on the sd plan, wch adjoin or are contiguous to the sd land of the sd A.: AND WHAS the sd A. & B. have agrd to exchange the sd pces of land edged resply & on the sd plan (formg pt of the ppty to wch they are resply entled as afsd), with the object of straighteng the boundary lines betn their respive ppties wch are uneven & And as to irregular, & to adjust & settle such boundary lines in mner boundary, hinafter appearg, & they have also agrd to enter into the party-wall and light. arrangemt hinafter contd for the reservon or grt to the sd B. of such rt of light & air & other rts as are hinafter expd, NOW THIS INDRE WITNETH that in psuance of the sd recited agrmt & in conson of the convce in exchange hinafter made by the sd B. & of the premes, the sd A., as benefl owner, doth hby grt unto the sd B. all that pce of land contg square feet or thrabouts & edged on the sd plan hto annexed To HOLD the same unto & to the use of the sd B., his hrs & assns. Similar grt by B. to A. of the other pce of land given in exchange, "subjt to such reservon or grt to the sd B. as is hinafter contd." PROVD ALWAYS, & it is hby agrd & decld, that the grant & convce lastly hinbfe contd shl be subjt to the reservon of, & the sd A. doth hby grt to the sd B., his hrs & assns, the free and uninterrupted access of light & air at all times hrafter over the sd pce of land edged the sd plan, to the bldgs of whatsr height & in whatsr poson wch shl for the time being be erected or standg on the land of the sd B., edged on the sd plan, or any pt thof & to all windows or openings wch may from time to time exist in such bldgs, & with liberty to the sd B., his hrs & assns, from time to time to increase the height of the sd bldgs & to rebuild, add to, or alter the same in such poson & mner & with such windows or openings for light or air as may be thought fit, & that the sd pce of land edged shl at all times hrafter be kept by the sd A., his hrs & assns, open & unbuilt upon, & that no erection or thing shl at any time be placed thron wch may in any degree obstruct or interfere with such access of light or air as afsd; AND IT IS HBY FURTHER AGRD & decld that the straight line marked on the sd plan betn the points L, M, N & O, shl henceforth be the boundary line betn the sd Agreement as to boundary. on hds & ppties of the sd A. & B. & their respive hrs & assns : AND FURTHER that the wall now standg betn the points marked Party-wall. on the sd plan shl be deemed & used & maintained as a party-wall (a) betn the sd hds & ppties of the sd A. & B. [Acknmt & undertakg by A. as to munimts retained by him. The like by B., p. 418.] IN WITS, &c. VII. EXCHANGE of FREEHOLDS between a TENANT FOR LIFE PARTIES, A., tenant for life, 1; B. & C., trees of settlemt, 2; D., owner in fee, 3. Recite settlemt under wch "the sd A. is Recitals. tenant for life in posson of the X. este, wch includes the pces Settleof land & hds first hby grted, & the land over wch the rt of ment. way first hinafter descd is hby grted; and the sd B. & C. are the trees of the same indre of settlemt for the pposes of the Settled Land Acts, 1882 to 1890" (c); Recital of D.'s Seisin of seisin in fee of the "Y. este, wch includes the pces of land & owner. hds secondly hby grted, & the pces of land over wch the rt of way secondly hinafter descd is hby grted:" AND WHAS the sd AgreeA., by virtue of the powers of the sd Acts, has agrd with the ment. sd D. for the exchange of the pces of land & hds first hby grted for the pces of land & hds secondly hby grted; & as pt of the terms of the sd exchange it was agrd betn the sd A. & D. that the rt of way first hinafter descd & hby grted shd be grted to the sd D. his hrs & assns, owners & occupiers of the Y este, in mner hinafter expd, & that the rt of way secondly hinafter descd & hby grted shd be grted to the sd A. & his succors in title, owners & occupiers of the X. este, in mner (a) As to party-walls, see Elph. N. & C. Interpretation, 606. (b) See Precedent II. and the notes thereto. (c) See also the other forms of recital at p. 467. Wit nesseth. Grant by tenant for life. Right of hinafter expd, and that these psnts shd contn such mutual restrictive covts as to bldg & as to the user in other respts of the respive pces of land & premes hby exchanged as are hinafter contd; and further that the sd B. & C. shd, out of moys in their hands formg capital moys of the sd settlemt liable to be invested under the afsd Act, pay the sum of £ to the sd D. for equality of exchange; NOW THIS INDRE WITNETH that in psuance of the sd recited agrmt, and in conson of the convce by way of exchange hinafter made by the sd D., the sd A., as benefl owner, by virtue of the powers vested in him under the Settled Land Acts, 1882 to 1890, & the sd will, & of every other power him enablg, doth hby grt unto the sd D., Peels by referce to schdle & map, see p. 379, TOGR WITH full rt and liberty for the sd D., his hrs & assns, owners & occupiers of the Y. este, &c., rt of way, see p. 383, TO HOLD the same UNTO & TO THE USE of the sd D. his hrs & assns for ever, subjt to the leases & tenancies affectg the pces of land hinbfe conveyed; AND THIS INDRE ALSO WITNETH that in further psuance, &c., & in conson of the convce by way of exchange hinbfe made by the sd A., & of the sum of £now pd to the sd D. by the sd B. & C. by diron of the sd A. out of such capital moys as afsd (the rect, &c.), the sd D., as benefl owner, by the diron of the sd A., doth hby grt unto the sd B. & C., Peels by referce to schdle & map, see p. 379, TOGR WITH full rt and liberty for the sd B. & C. & their hrs, and also for the sd A. and his succors in title, owners & Habendum occupiers of the X. este, &c., rt of way, p. 383; To HOLD the settlement. same UNTO the sd B. & C. & their hrs, subjt to the leases & way. Habendum to use of owner. Further witnesseth. Grant by owner. Right of way. to uses of Covenant by tenant for life restrictive of building. Covenant by owner tenancies affectg the sd respive pces of land & premes lastly hby conveyed, to uses of settlemt, see p. 395; AND the sd A. doth hby for himself, his hrs, exrs, ads, succors & assns, & so as by virtue of the provons of the Settled Land Acts, 1882 to 1890, to bind not only himself personally, but also all future owners & occupiers of the hds taken in exchange by him as afsd, & to bind such hds into whosesr hands the same may come, covt with the sd D. his hrs & assigns, the owner or owners for the time being of the Y. este, that the sd A. his succors & assns, will, &c., Corts restrictive of bldg, &c., on the lands taken in exchange by A., see p. 424; AND the sd D. doth hby for himself, his hrs, exs, ads, & assns, to the intent to |