1919: Conditions of Sale
SPECIAL CONDITIONS and STIPULATIONS
forming part of the Conditions under which the Property is Sold
1. The General Conditions of the Hull Incorporated Law Society and the notes in the Particulars shall be deemed to be incorporated with these Conditions and these Conditions and the said General Conditions shall be construed together as one document but if there be any inconsistency between them these Conditions shall prevail.
2. The purchase shall be completed on the 11th day of October, 1919, at the offices of the Vendors’ Solicitors Messrs. Crust, Todd, Mills & Sons, situate at Beverley.
3. The Abstract of Title shall be delivered or sent by post to the Purchaser or his Solicitor within 30 days after the date of the Sale.
4. Objections to and requisitions on the title shall be delivered within 21 days from the delivery of the Abstract (whether the Abstract be delivered within the above time or not) and all further objections and requisitions arising out of the replies to any former objection or requisition shall be delivered within 5 days from the receipt of the replies.
5. The Engrossment of the Assurance to the Purchaser shall be sent to the Vendors’ Solicitors 10 days before the day named for completion.
6. The Title shall commence
(a) As to the whole of the property with a Deed of Disentail dated the 20th April, 1900, and made between Sir Tatton Sykes, Bart. of the first part Sir Tatton Mark Sykes (therein called Mark Sykes) of the second part and Thomas Henry Gardiner of the third part and the earlier title whether noticed or not in any abstracted document shall not be required investigated or objected to. The said Deed of Disentail was made subject to an Indenture of Mortgage dated the 21st day of September, 1863, and made between the Revd. Sir Henry Foulis George Whichcote and Christopher Turnor of the first part the said Sir Henry Foulis and Christopher Sykes of the second part and Williaim Lygon Earl of Longford and Sir Philip Duncombe Pauncefort Duncombe of the third part whereby certain property part of the Sledmere Estate was demised to the said Earl of Longford and Sir Philip Duncombe Pauncefort Duncomb for the term of 950 years from the 20th November, 1868, to secure repayment of the sum of £121,816 with interest as therein mentioned. This mortgage however did not include the property offered for sale other than the l7.595a. at Bishop Wilton, part of Lot 4. The purchaser shall not require any further evidence of this other than the production of the original mortgage deed.
(b) The before mentioned l7.595a. are included in the mortgage for £121,316. By an Indenture of Transfer dated the 12th day of April, 1911, and made between Flora Lucas of the first part James Mills of the second part and the said Sir Tatton Sykes of the third part the said sum of £121,316 and the hereditaments comprised in the said Indenture of Mortgage were assigned to the said Sir Tatton Sykes subject to redemption. The Purchaser shall assume that the whole of the said sum of £121,816 was paid to the Mortgagees out of moneys belonging to the said Sir Tatton Sykes and that the said Mortgage debt and the hereditaments comprised in the said Indenture of Mortgage were by the said Indenture of Transfer properly and validly vested in the said Sir Tatton Sykes for his own use and benefit for all the estate therein comprised in the said Indenture of Mortgage and shall not make any objection or requisition in respect of the intermediate title to the said mortgage debt and the hereditaments assigned by way of security therefor.
7. The property has formed part of the Sykes’ Family Estates for many years the title to which is well known and it is included in the last Settlement thereof being an Indenture dated the 21st day of April, 1900, and made between the said Sir Tatton Sykes, Bart. and Sir Tatton Mark Sykes (the only son of the said Sir Tatton Sykes and therein called Mark Sykes) of the one part and the Right Honourable James Lowther, M.P., P.C., James Mills, and the Right Honourable Hubert George Charles Mostyn, Baron Vaux, of the other part and it shall be assumed that the whole of the property is included in the said Settlement.
8. It shall be assumed without enquiry that the said Settlement was and still is valid and effectual in all respects and has not been avoided. The Purchaser shall require no further evidence of tile seisin of the Vendors other than a Statutory Declaration to be made if required at the Purchaser’s expense that the property has for the last 20 years formed part of the Settled Estate of the Sykes’ family and has been enjoyed as such.
9. The present Tenant for Life Sir Mark Tatton Richard Sykes being an Infant the Vendors us Trustees of the Settlement will sell and convey on his behalf in exercise of their powers under the Settled Land Acts and the Purchaser is not to require any Covenant for Title by the Vendors except the Statutory Covenant implied by their conveying as such Trustees.
10. Estate, Succession and other Duties are now payable, and are being paid by reason of the death of Sir Tatton Sykes, Bart., which occurred on the 4th day of May, 1913 and other duties arising on the death of Sir Mark Sykes who died on the 16th day of February, 1919 will also have to he paid but no Purchaser shall require them to be immediately discharged or make any objection or requisitions in respect thereof but shall assume that all such duties will be accounted for and discharged in due course.
11. In any case in which any Lot or part of a Lot is held by a Tenant whose holding includes other property belonging to the Vendors or sold by them the amount of rent and outpayments on such Lot or part of a Lot has been apportioned by Messrs. Todd & Thorp, Land Agents, Land of Green Ginger, Hull, for the purposes of the Sale and their apportionment shall be conclusive and binding on the Vendors and Purchaser thereof respectively. No objection shall be made on the ground of any such apportionment not being legally binding or of the Tenants not being concerned therein.
12. The several Lots are sold subject to all chief and quit rents, fee farm rents, or other rents, tithe, tithe rent charge, land tax, drainage tax, and all other charges, payments and outgoings (whether mentioned in the Particulars of Sale or not) and to all rights of road way, water, light or other easements (if any) affecting the same (whether mentioned in the Particulars of Sale or not) and without any obligation on the part of the Vendors to define the same respectively, and to all tenancies, and to all rights and claims of tenants tinder their tenancies, or the Agricultural holdings Acts or otherwise. The Vendors are unaware of any outgoings other than the usual rates and taxes and a Purchaser shall be taken as purchasing subject to the actual outgoings whatever the amount may be, amid shall not be entitled to compensation in the event of any being found to exist.
13. No purchaser shall require the production of any Certificates of redemption of Land Tax except such certificates (if any) as are in the possession of the Vendors.
14. Every care has been taken in preparation of the Sale Plans and Particulars. The quantities mentioned in the Particulars are based on the Ordnance Survey, and are believed, and shall be taken to be correct, although such quantities may differ from the quantities mentioned in the muniments of title or any of them, and if the same quantities are found to be incorrect, or if any other error or mistake shall appear to have been made in the description of the Lots or of the Vendors’ interest therein respectively, the same shall not annul the Sale or entitle any Purchaser to compensation in respect thereof.
15. Every wall between any two Lots or between any Lot and any other property of the Vendors shall deemed to be a party wall to be maintained and repaired at the joint expense of the respective owners for the time being the properties separated thereby. If in any Lot or on any boundary of it no boundary wall or fence exists the Purchaser. shall if required by the Vendors forthwith make and forever maintain such boundary walls or fences as the Vendors may prescribe. Should any dispute as to Boundary Fences, Walls, Ditches. &c. arise between the respective Purchasers or the Vendors and Purchasers the same shall be settled by Messrs. Todd & Thorp, whose decision shall be final.
16. Such Tenants Fixtures and Erections on the various Lots as belong to the Tenants are not included in the Sale.
17. No objection shall be made in the event of any of the Tenancy Agreements being insufficiently or unstamped. Any stamping or re-stamping required by the Purchaser shall be done at his expense.
18. The completion of the Sale of any Lot or Lots shall not be delayed on account of the non-payment of increment value duty (if any) but the Vendors shall, before the date fixed for completion, furnish to the Commissioners of Inland Revenue the particulars required by them to enable them to ascertain whether any such duty is payable, to assess the duty (if any), and to issue to the Vendors Form I. V. P. (G), and on completion the Vendors shall hand over the Conveyance with the said Form to enable the Conveyance to be stamped in accordance with Subsection (3) of Section 4 of the Finance (1909-10) Act 1910. And after completion, each Purchaser shall, if required, produce to the Commissioners free of cost, any documents which may be handed over to him.
Memorandum of Agreement made this day of 1919
Between JAMES MILLS of Beverley in the County of York Solicitor The RIGHT HONOURABLE HUBERT GEORGE CHARLES MOSTYN BARON VAUX OF HARROWDEN and HENRY ARTHUR CHOLMONDELEY of Sledmere in the said County of York Esquire (herein referred to as “the Vendors”) of the one part and
(herein referred to as “the Purchaser ”) of the other part WHEREBY IT IS WITNESSED that the Vendors agree to sell and the Purchaser to purchase the property described as Lot in the within Particulars at the Price of
subject as in the said Particulars mentioned, and also subject to the before written Special Conditions of Sale and the General Conditions of the Hull Incorporated Law Society. And the Vendors and Purchaser do on their respective parts agree to complete the sale and purchase according to the said Conditions.
As Witness the hands of the parties.
|£. s. d.|
|Purchase money||RECEIVED the sum of £|
|Deposit||_____________||as deposit on the said Purchase.|
|Balance of Purchase Money £||_____________|
|Abstract to be sent to|