ELF Trust, Harewood, Calstock
This deed is made the eleventh day of February One thousand nine hundred and eighty-eight BETWEEN RAYMOND HENRY CHARLES HICKMAN of "Tamar View" Calstock in the County of Cornwall (herinafter called "the Grantor" which expression shall include his successors in title) of the first part and JOHN WILLIAM GEORGE MORTIMER and MARY ROSE MORTIMER both of Sequoia Nursery Calstock aforesaid (herein after called "the Grantees" which expression shall include their successors in title) of the second part and NORMAN JOHN KEAST of Harewood Farm Calstock in the said County of Cornwall (herinafter called "Mr. Keast") of the third part
WHEREAS :-
(1) The Grantor is the estate owner in respect of the feesimple in possession free from incumbrances of the land (herinafter called "the Red Land") situate in the Parish of Calstock in the County of Cornwall part whereof is delineated on the plan annexed hereto and thereon edged red SUBJECT (inter alia) to rights of way referred to in a Deed of Partition dated the Thirteenth day of October One thousand nine hundred and twenty nine between Albert Easterbrook on the one part and Joseph Edwards of the other part which said rights are now vested in Mr. Keast
(2) The Grantees are the estate owners in respect of the fee simple in possession free from incumbrances of the land (herinafter called "the Yellow Land") situate in the said Parish and known as Sequoia Nursery and which is delineated on the said plan and thereon edged Yellow
(3) The Grantor has agreed in consideration of the payment of One Pounds (£1.00.) and the covenants on the part of the Grantees herinafter contained to grant to the Grantees such rights as are herinafter expressed and Mr. Keast has agreed to join herein in manner herinafter appearing
NOW THIS DEED WITNESSETH as follows:-
1. IN consideration of One Pound (£1.00.) paid by the Grantees to the Grantor (the receipt whereof the Grantor hereby acknowledges) the Grantor as Beneficial Owner hereby grants upon the terms herinafter mentioned unto the Grantees Full right and Liberty for the Grantees and their successors in title the owners and occupiers of the Yellow Land or any part thereof
(i) To maintain a water pipe under the Red Land along the approximate course show by a Blue line on the said plan annexed hereto between the points marked "B" and "C" thereon (herinafter called "the Pipeline") for the purposes of receiving a supply of water
(ii) The right from time to time at reasonable times and upon giving reasonable notice except in emergency with or without workmen to enter upon the Red Land to inspect take up cleanse repair remove or replace the said pipeline or any part thereof doing as little damage as possible to the said land and making good all damage done in the exercise of such right
2. THE Grantees hereby jointly and severally covenant with the Grantor:
To make good any damage caused to the Gantor or to his property in consequences of repairing or replacing the pipeline or otherwise in connection therewith and promptly to make good any leak from or breakage thereof
3. MR. KEAST HEREBY CONFIRMS that the grant of the rights and liberties set out Clause 1 hereof is not prejudicial to the rights of way enjoyed by him under the terms of the Deed of Partition and FURTHER CONFIRMS that he releases the said rights so far as may be necessary for the carrying out of temporary works under the provisions of Clause 1(ii) hereof
4. THE Grantor hereby acknowledges the right of the Grantees to the production of the documents specified in the Schedule hereto and to delivery of copies thereof and undertakes with the Grantees for the safe custody of the same
5. IT IS HEREBY CERTIFIED that the transaction hereby effected does not form part of a larger transaction or a series of transactions in respect of which the amount or value or the aggregate amount or value of the consideration exceeds the sum of Thirty thousand Pounds(£30,000.00.)
IN WITNESS whereof the parties hereto have hereunto set their hands and seals the day and year first before written
| THE SCHEDULE | ||
| Date | Document | Parties |
| 1948 November 10th | CONVEYANCE | Albert Easterbrook (1) John Easterbrook (2) |
| 1970 December 2nd | PROBATE OF THE WILL | John Easterbrook Deceased |
| 1971 July 3rd | ASSENT | The Personal Representatives of
John Easterbrook Deceased (1) Nesta Irene Hickman (2) |
| 1980 February 1st | PROBATE OF THE WILL | Nesta Irene Hickman Deceased |
| 1980 February 12th | ASSENT | The Personal Representatives of
Nesta Irene Hickman Deceased (1) Raymond Henry Charles Hickman (2) |
SIGNED SEALED AND DELIVERED by the said
RAYMOND HENRY CHARLES HICKMAN
in the presence of :-
D.L. Tid***
Clerk to Blight, Broad & Skinnard, Solicitors,Callington.
SIGNED SEALED AND DELIVERED by the said
JOHN WILLIAM GEORGE MORTIMER
in the presence of :-
S. Davis (CARPENTER)
Sandways Barn, Calstock, Cornwall.
SIGNED SEALED AND DELIVERED by the
said
MARY ROSE MORTIMER
in the presence of :-
S. Davis (CARPENTER)
Sandways Barn, Calstock, Cornwall.
SIGNED SEALED AND DELIVERED by the
said
NORMAN JOHN KEAST
in the presence of :-
E. G. Lambert (RETIRED ENGINEER)
5, Stoke Terrace, Kelly Bray.
Transcribed from a Photocopy held by the ELF Trust of a Certified Copy made by
Whiteford Crocker, Solicitors,165 Fore Street, Saltash, Cornwall on the 5th of August,1993.Here follows the aforementioned plan and an image of Whiteford Crockers Certification
Copyright ELF Trust, Harewood, Calstock, Cornwall PL18 9SQ :- Roger Lovejoy 13th September, 2004