1941: Special Conditions of Sale

1. The property is sold subject to the Notes, General Remarks, and the Stipulations contained in or prefaced in the Particulars of Sale and to the General Conditions of 1925 (1934 Edition) so far as they are not varied by or inconsistent with these Conditions.

2. The Vendor’s Solicitors are Messrs. Crust Todd Mills & Co., whose office is at 34, Lairgate, Beverley, East Yorks.

3. The date fixed for completion is the 28th day of November, 1941.

4. The Vendor is selling as Tenant for Life under the Settled Land Act, 1925, and shall not be required to give any covenants for title except such as may be implied by his conveying and being expressed to convey as Trustee and shall not be required to give any undertaking in respect of any documents of Title.

5. (A) The Abstract of title shall commence with a Voluntary Settlement or Resettlement dated the 21st April 1900 of the Property agreed to be sold with other Estates subject to certain Mortgages and Charges.

(B) The Purchaser shall accept the Statement by the Vendor’s Solicitors that any particular Mortgage Charge or document does not affect this Property as conclusive.

(C) Any Transfers, discharges, reconveyances or other dealings with Mortgages or Charges which affect this property and which are dated after the said 21st April 1900 will be abstracted in the usual way, but the Purchaser shall not require any abstract of or information as to or production of any of the said Mortgages Charges or documents or any dealings therewith dated before the said 21st April 1900.

(D) In several cases Mortgagees have executed Releases of parts of theft security. No purchaser shall require any abstract or production of or any further information as to any such release if the Vendor’s Solicitors state it does not relate to the Property purchased by him.

6. The Property is sold as it now stands and also subject to the following matters :-

(A) Tithe Redemption Annuities or the apportioned parts thereof as stated in the particulars but so that if any Purchaser requires the apportionments so stated or any apportionment of any other outgoing or of any rent receivable to be given effect to in any further or other way than by a declaration in the conveyance and covenants to bear and pay the apportioned parts so stated it shall be done at the expense of the Purchaser or other person requiring the same and shall not delay completion of the purchase.

(B) All matters stated in General Condition 19 (1) whether known to the Vendor or not and whether disclosed or not.

(C) To the reservation in favor of the Vendor (as owner of any adjoining or neighbouring property or any unsold Lot or Lot the sale of which is not completed) as legal easements of all quasi-easements rights liberties and privileges now in fact exercised over the property sold for the benefit of or in respect of such property or Lot of the Vendor.

(D) To all Tenancies and rights and claims of Tenants whether noticed in the particulars or not.

(E) To a proviso excluding the implication of any right of light or air which would in any way affect the free and unrestricted user by the Vendor of any adjoining property or any unsold Lot or Lot the sale of which is not completed for building or otherwise and excluding the implication of any easement over any property of the Vendor except those easements (if any) specifically mentioned in the Particulars.

7. The Purchaser shall in the Conveyance covenant with the Vendor :-

(A) Forthwith to erect (if not already erected) and for ever to maintain on the sides of the property marked with a T in the Plan a four-hole post-and-rail fence or such other fence or wall as may be approved by the Owners of the adjoining property for the time being.

(B) To indemnify the Vendor against all claims under any Tenancy of the Property or any part thereof.

8. The Property is included with other Properties in the Root of Title by General Descriptions but more modern descriptions are contained in a Vesting Deed dated the 26th February, 1927. The purchaser shall accept a Statutory declaration to be made at the expense of the Purchaser if required (to the effect that the property has since the Root of Title been held as part of the Sykes Estates and esteemed held under the Root of Title) as conclusive evidence that it did in fact pass thereunder.

9. The various lots together with other parts of the Settled Estate of large value are or may be subject to both or one of two Mortgages dated respectively 21st September, 1863, and the 20th December, 1900. The persons now entitled to such Mortgages will join to release any lots subject to their respective securities therefrom upon receiving the whole or such part of the purchase price therefor as they desire and no objection to this course shail be taken on the ground that any of such Mortgagees may be a Trustee or acting in a Fiduciary capacity.

10. (A) The Property is believed to be and shall be taken as correctly described and any incorrect statement error or omisson found in the Particulars or Plan or Conditions shall not annul the sale or entitle the Purchaser to be discharged from his purchase nor shall the Vendor or the Purchaser claim or be allowed any compensation in respect thereof.

(B) This Condition shall take effect in substitution for General Condition 35.

11. The Purchaser shall pay and indemnify the Vendor and all other pen suns against contributions payable under the War Damage Act 1941, and amending Acts falling due to be paid after that payable on the 1st July, 1941 (which will be paid by or on behalf of the Vendor).

12. A form of Conveyance settled by Counsel shall be furnished to the Purchaser and so far as circumstances permit the parties shall follow such form.

Originals