Special Conditions of Sale

SPECIAL CONDITIONS OF SALE

The property is sold subject to the Law Society’s Conditions of Sale, 1934 (hereinafter referred to as " the General Conditions ") so far as the same are not varied by or inconsistent with these Conditions.
The deposit shall be at the rate of £10 per cent. of the Purchase money and the purchase shall be completed and the balance of the purchase money paid as to Lot 27 at the Office of Messrs. Eddowes and Co., 77, Grosvenor Street, London, W.1, and as to the remainder of the Lots at the office of Messrs. Gray and Dodsworth, Duncombe Place, York, or at such other places respectively as the Vendor shall direct on the 28th day of July next.
Objections to the requisitions on the Title shall be sent within 10 days from the delivery of the Abstract of Title, and all further objections and requisitions arising out of the replies to any former requisitions shall be sent within five days from the delivery of such replies.
The Vendors Solicitors are Messrs. S. Pearman Smith and Sons whose office is at 147 Lichfield Street, Walsall.
The Abstract of Title shall commence as follows:-
As to Lots 1, 2, 3, 4, 5 and 6—

With a Conveyance dated the 14th day of October 1907 and made between Charles Sibbard Alderson and James Dove Whitehead of the one part and George Humble of the other part.

As to lot 7—

With a Conveyance dated the 23rd day of April 1920 and made between Mary Anne Collins Gregson of the one part and George Humble of the other part.

As to part of Lot 48—

With a Conveyance dated the 7th day of August 1913 and made between Christina Scoby of the first part William Marshall of the second part and Walton Crawford of the third part.

As to a further part of lot 48—

With the Will dated tge 25th day of March 1885 of Jane Parke who died on the 16th day of October 1885.

As to a further part of lot 48—

With a Conveyance dated the 22nd day of March 1919 and made between Harold Foster of the first part Mary Caroline Wilkinson of the second part and James Robert Twentyman of the third part.

As to a further part of lot 48—

With a Conveyance dated the 9th day of October 1863 and made between Mark Anthony Reyroux of the first part Roger Dobson of the second part Mary Dobson of the third part George Grayson of the fourth part and William Watson of the fifth part.

As to a further part of lot 48—

With a Conveyance dated the 16th of November 1891 and made between Robert Kitching of the first part Robert Kitching of the second part and Robert William Edis Thomas Edward Vickers and Arthur Wightman of the third part.

As to a further part of lot 48—

With a Conveyance dated the 9th day of June 1875 and made between Jemima Mitchelson, William Kendall, John Richard Wardell and Robert Peel Clarkson of the first part William Dawson Butler and James Marfitt of the second part and Robert Kitching of the third part.

As to a further part of lot 48—

With a Conveyance dated the 1st day of June 1887 and made between Edward Peters and Thomas Peters of the one part and Robert Kitching of the other part.

As to a further part of Lot 48—

With a Conveyance dated the 30th day of March 1885 and made between John Skaife of the one part and James Skaife of the other part.

As to a further part of Lot 48—

With a Conveyance dated the 1st day of February 1895 and made between George Boyes of the one part and James Skaife of the other part.

As to a further part of Lot 48—

With a Conveyance dated the 8th day of Aprl 1898 and made between Betsy Young of the one part and James Skaife of the other part.

As to Lots 8 and 9—

With a Conveyance dated the 6th day of December 1898 and made between James Smith of the one part and John Baxter of the other part.

As to the remainder of the Lots—

With a Conveyance dated the 9th day of July 1903 and made between John Tindall of the first part Robert Tindall of the second part and the said John Tindall and Robert Tindall, Joshua Rowntree and William Tindall of the third part the said John Tindall and Frederick Bassett of the fourth part and James Robert Twentyman of the fifth part.
The Purchaser of each lot shall be deemed to purchase with full knowledge of its condition cultivation water supply and drainage and of the state of repair of all buildings and erections thereon notwithstanding any partial incomplete or inaccurate statement in the paticulars or the conditions or the absence of any statement therein in respect of the matter. If any dispute arises between the Vendor and the Purchaser of any lot or between Purchasers as to the ownership or possession of any wall fence ditch or boundary separating a lot from any other lot or property, or as to any point whatever arising out of any sale plan or the particulars or the interpretation thereof or as to the apportionment of any rents or outgoings the matter in dispute shall be referred to the arbitration of the Auctioneers whose decision shall be conclusive and binding on all parties and whose costs shall be paid as they may decide.
Each Lot is sold and will if required by the Vendor be conveyed subject to all incidents affecting the same as stated in the Particulars or the Conditions and also to any following incidents applicable thereto whether expressly mentioned in the Particulars or the conditions or not namely:—
1. Any existing lease or tenancy agreement (whether written or verbal and whether granted by the Vendor or any predecessor in title) and so that a Purchaser shall be deemed to have full notice of the terms of any tenancy under any such Lease or Agreement notwithstanding any partial incomplete or inaccurate statement thereof or of the effect thereof in the particulars or the conditions. A copy of any such Lease or Tenancy Agreement or the Counterpart thereof so far as the same may be in writing and available will be produced at the sale and can be inspected before the sale by arrangement with the Auctioneers. No Purchaser however shall be entitled to any abstract or copy of any Lease or Tenancy Agreement as part of his Abstract and in any case in which the Vendor cannot produce a copy or Counterpart of any Lease or Tenancy Agreement a Purchaser shall be satisfied with such evidence of the terms of the Tenancy as the Vendor may be able to adduce.
2. All allowances to and claims for compensation and other rights of any Tenant including rights as to fixtures and compensation for disturbance whether of the usual character or not and whether arising under or by virtue of any Lease or Tenancy Agreement or any statute custom of the country agreement or otherwise and in particular by reason of a notice to quit (whether given before or after the Sale and in pursuance of any of the Conditions or not) and whether the tenancy shall be subsisting at the date of the completion of the Purchase or shall have expired after the Sale. The Vendor shall not be required to specify or to give any information not in his possession as to any such allowance claim or right as aforesaid or to specify what fixtures are tenant’s fixtures and all such claims or allowances or rights as aforesaid shall be settled between the Purchaser and any Tenant concerned without the Vendor or his Agents being concerned about the matter.
3. All rights of way (whether public or private) water, light, drainage, or other easements profits a prendre or servitude and any privileges and rights in the nature of easements and any rights in respect of telegraph or telephone cables wires or poles.
4. Any liability to repair or contribute to the repair upkeep and maintenance of roads footpaths ways passages watercourses pipe-lines sewers, drains gutters ditches dykes hedges or fences and all agreements or other arrangements with respect to any such repair upkeep or maintenance as aforesaid and all rights of adjacent owners as regards the same respectively or as regards water supply drainage or other like matters.
5. All chief quit and other rents (if any) incidents of tenure and generally all liability and outgoings.
Each lot is sold and so far required by the Vendor will be conveyed subject (by way of reservation or otherwise) to all such easements quasi easements privileges and advantages (whether as regards any road, water, drainage or light or otherwise) and whether mentioned or referred to or shown in the Particulars or not for the benefit of any property forming part of the prooerty offered for sale or any other adjacent property as the owners tenants or occupiers thereof are now or have been accustomed to use enjoy or exercise or as any Vendor may at any time before the completion of the Sale deem reasonably neccessary or expedient for the benefit enjoyment or protection of any such property and so that the subjection of any Lot to any such easements quasi easements privileges or advantages shall be expressed in such manner and form in all respects as the Vendor may require and so that any such easements quasi easements privileges or advantages shall for the purpose of any assurance or reservation be specifically defined or mentioned merely in general terms as the Vendor shall determine. But no Purchaser of any Lot shall be entitled to the continuance of the quasi easements privileges and advantages now enjoyed by such Lot over or in respect of any other part of the Estate except so far as may be specifically provided in the Particulars or the Conditions or the Vendor may in his discretion think fit and determine.
No evidence shall be required by the Purchaser of any exemption of any Lot or part thereof from land tax or any exemption of any Lot or part thereof from tithe rent charge or Tithe Redemption Annuity except such as may be afforded by the Tithe Apportionment for the Parish in which the same is situated which shall be examined if the purchaser so require by the Purchaser at his own expense.
Lot 47 is sold and will be conveyed subject to an annual payment of Five pounds for the benefit of the Poor of Kirby Misperton; an annual payment of Five pounds towards the repair of a certain road called Church Road leading over Amotherby Moor in the County of York, an annual quit rent of Two shillings and a fee farm quit rent of Nine shillings per annum. No Purchaser of any lot shall be entitled to any covenant of indemnity or otherwise in respect of any such payment or any or either of them nor be entitled to make any requisition in regard thereto.
In making any Requisition or Objection each Purchaser shall comply with the following regulations namely:—
1. He shall not make any Requisition or Objection on the grounds that:—
  1. Any Lease Tenancy Agreement or Notice to Quit has not been validly granted made or given.
  2. The area mentioned in any Lease Tenancy Agreement or document of Title is different from the area of any Lot or part of a Lot mentioned in the Particulars.
  3. The amount of any rent or outgoing affecting a Lot as stated in the Particulars or the Conditions (and whether therein stated to have been apportioned or not) has been ascertained by an informal apportionment only.
  4. An Acknowledgment of the right of the Vendor or his pedecessors in title to production of any document not in his possession is absent or insufficient.
  5. The Vendor is unable to trace or procure the production of any document not in his possession.
  6. No claim shall be made or compensation be recoverable by the Purchasers in respect of any of the property which comprises dwellinghouses to which the Rent Restrictions Acts apply against the Vendor in respect of rent (if any) which may have been charged in excess of the standard rents or the permitted increases thereof nor shall the Vendor be required to furnish particulars of the standard rents or net rents of any of the dwellinghouses.
2. He shall in every case be satisfied with the statement in the Particulars as to the amount of land tax or any outgoing or any apportioned part thereof to which any Lot or part of a Lot is subject and he shall not require any land tax or outgoing to be apportioned or require any indemnity against any part thereof which ought to be borne by any other property.
3. The Purchaser shall be satisfied with any arrangements made by the Particulars or Conditions for the apportionment of the rent payable by the Tenant in the case of any holdings comprising the purchased property together with other property and shall not require the consent of any such Tenant to such apportionment.
4. The Purchaser shall not require the Vendor to furnish any evidence or information not in his possession as to the origin or creation or nature of any rent outgoing easement quasi easements or other right (whether mentioned in the Particulars or not) subject to which a Lot purchased by him or any part thereof is sold or as to the extent to which such Lot is affected by such rent, outgoing, easement, quasi easement or right.
5. The purchaser shall accept every deed dated 12 years or upwards prior to the date of Sale as sufficient evidence of everything recited, stated, noticed assumed or implied therein.
Each Lot is believed and shall be taken to be correctly described as to quantity receipts, outgoings or otherwise and any error mis-statement or omission in the Particulars or in the Sale Plan or in the Conditions shall not annul the Sale or be a ground for any abatement or compensation on either side.
Each Purchaser shall on payment of the Purchase money payable by him be entitled to a proper Conveyance of the Lot or Lots purchased by him and such Conveyance shall be prepared and settled in accordance with the following regulations namely:—
1. All Lots purchased by any one purchaser whether directly or through an agent shall be compised in one Conveyance as far as practicable.
2. The Conveyance shall where necessary contain all such exceptions reservations and provisions for giving effect to the Paticulars or the Conditions and in particular all such covenants by the Purchaser with the Vendor or his immediate predecessor in title to perform observe satisfy and discharge and keep the Vendor and his immediate predecessor in title indemnified against all obligations and liabilities which under the Particulars or Conditions are imposed or transferred to the Purchaser and in such manner and form in all respects as the Vendor in accordance with the advice of his Solicitors or Counsel shall require.
3. The Purchaser of any Lot shall not be entitled to have the Conveyance of any other property not purchased by him submitted to him for his perusal or approval or to require in his Conveyance the concurrence of any Purchaser and the completion of the Purchase of any Lot shall not be delayed on account of the non-completion or any delay in the completion of the Sale of any other property.
4. The Conveyance to the Purchaser is to be prepared by him and at his expense and the engrossment thereof is to be delivered at the office of Messrs. S. Pearman Smith & Sons, 147 Lichfield Street, Walsall at least 14 days before the date fixed for completion of the purchase and the draft of such Conveyance for perusal and approved on behalf of the Vendor and any other necessary party shall be left at the said office or place at least 10 days before the delivery of the engrossment.
5. The Vendor if he so requires shall be entitled to a duplicate of the Conveyance to any Purchaser which shall be prepared and stamped at the expense of the Vendor but shall be executed by such Purchaser free of expense to the Vendor. The Purchaser shall at the request of the Vendor and free of expense produce the principal Conveyance for the purpose of enabling the Vendor to have the duplicate properly stamped.
6. The Vendor is selling as a person having the right to call for Conveyance of the property as to Lot 27 from a person who is selling as absolute owner and as to the remainder of the lots from a Trustee Corporation selling as Trustees. The Conveyances to the respective purchasers shall if required by the Vendor be by way of subsale and the Trustee Corporation will convey as Trustee and shall not be required to give any covenants for title other than those implied by it being expressed to covey as Trustee.
7. A general form of Conveyance will be settled by Counsel on behalf of the Vendor for use of the Purchasers at this Sale and a copy will be supplied to each Purchaser or his Solicitors and the Conveyance to each Purchaser shall if the Vendor so requires follow such form as far as practicable and the Purchaser shall pay for each such copy the sum of One pound.
In cases where a Lot is made up of one or several holdings or a holding has been divided into several Lots or parts of Lots and the outgoing tenant or tenants have to be valued out under the terms of the Tenancy Agreement Agricultural Holdings Acts or custom of the country each Purchaser shall agree to the appointment of one valuer to represent the interest of the several Purchasers and such valuer shall be empowered to make and settle the amount of the Valuation and to apportion the amount equitably between the various Purchasers and his award shall be final and binding on all parties. In the event of the respective Purchasers failing to agree on a Valuer the Auctioneers shall be empowered to appoint a valuer whose apportionment of the amount of the valuation shall be final and binding on all parties.

SPECIAL CONDITIONS relating to the Rights of Fishing in the River Costa.

The Purchaser of the Fishing Rights in the River Costa shall be entitled to have conveyed to him (whether such Fishing Rights are sold with Lot 10 or separately or with any other Lot or property) the one half of the bed of the River Costa if and where the said River immediately adjoins any part of the property comprised in the within Particulars by reference to the Sale Plan (based on the Ordnance Survey Map) TOGETHER with (a) the right of fishing in the said River on and over the said one half of the River Bed (b) the right of access to the banks of the said River adjoining the property comprised in the Particulars as aforesaid by the most convenient ways compatible with the occupiers of the adjoining lands but so that any person exercising the said right of fishing shall be responsible for any damage done by him in such exercise (c) the right of depositing on the bank of the said River adjoining the property comprised in the Particulars as aforesaid sedges weeds silt and other matter taken from the said river in the course of cleansing operations (d) the right to pass and repass on foot only over and along the said bank for the enjoyment or protection of the right of fishing hereinbefore mentioned.

The Conveyance to the respective Purchasers affected thereby shall contain all such exceptions reservations privileges or rights for effectuating the proper enjoyment of the rights of fishing as the Vendor through his Solicitors or Counsel may reasonably require.

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