Right of Common. and they shall and will continue so seised or PURCHASES. entitled as aforesaid (save only so far as such seisin is or may be affected by these presents) until the said common, hereditaments, and premises, shall be fully and absolutely vested in the said (purchaser), his heirs or assigns, as of or for the same or a like estate.] AND also, that for and notwith- And hath right to convey, &c. standing any such act, deed, matter, or thing as aforesaid, he the said (vendor) now hath in himself full power, and lawful and absolute right and title to grant, bargain, sell, and confirm, all and singular the said right of common, hereditaments, and premises, unto and to the use and behoof of the said (purchaser), his heirs and assigns, in the manner aforesaid, and according to the true intent and meaning of these presents. AND further, that he the said (purchaser), his heirs and assigns, shall or lawfully may, immediately upon the sealing and delivery of these presents, and at all times thereafter, have, hold, possess, use, and enjoy all and singular the said right of common, hereditaments, and premises, with their and every of their respective privileges, advantages, and appurtenances, to and for his and their own use and benefit, without any manner of hindrance, interruption, disturbance, claim, or demand whatsoever, by or from the said (vendor) or his heirs, or any person or persons now or hereafter having or rightfully claiming any estate, right, title, charge, or interest at law or in equity, in, to, out of, upon, or concerning, the said hereditaments and premises, or any part thereof, from, through, under, or in trust for him, That the purquietly enjoy. chaser shall Right of Common. Free from incumbrances. PURCHASES. them, or any of the ancestors of the said (vendor), except as aforesaid. AND that free and clear, and clearly and absolutely discharged and exonerated, or otherwise by and at the expense of the said (vendor) his heirs, executors, or administrators, effectually defended, protected, and indemnified of, from, and against all former and other gifts, grants, bargains, and sales, conveyances, assurances, estates, rights, titles, interests, charges, and incumbrances whatsoever, which at any time or times heretofore have been, or which at any time hereafter shall or may be made, created, executed, committed, occasioned, or suffered by the said (vendor) or any of his ancestors, or any person or persons, now or hereafter rightfully claiming, or possessing any estate, right, title, or interest, either at law or in equity, from, through, under, or in trust for him, them, or any of them, or by or through his, their, or any or either of their acts, defaults, means, consent, or privity. AND moreover, that he the said (vendor) and his heirs, and all and every persons or person, now or at any time hereafter rightfully claiming, or having title to claim any estate, right, title, charge, or interest at law or in equity, in, to, out of, upon, or respecting the common hereditaments and premises hereby granted, bargained, sold, and confirmed, or mentioned or intended so to be, or any part thereof, from, through, under, or in trust for him, them, or any or either of them, or any of the ancestors of the said (vendor), shall and will from time to time, and at all times here Covenant for further assurance. Right of Common. after, upon every reasonable request, and at the PURCHASES. costs and expense of the said (purchaser), his heirs or assigns, make, do, acknowledge, levy, suffer, execute, and perfect, or cause and procure to be made, done, acknowledged, levied, suffered, executed, and perfected, with all proper expedition, all and every such further and other lawful and reasonable acts, deeds, conveyances, matters, and things whatsoever, for the further, better, more perfectly, fully, and absolutely or satisfactorily granting, conveying, confirming, and assuring the said common, commonable rights, hereditaments and premises, with their and every of their respective rights, privileges, members, appendages, and appurtenances, unto and to and for the use, behoof, and benefit of the said (purchaser), his heirs and assigns, in such manner and form as he the said (purchaser), his heirs or assigns, or his or their counsel in the law (being of the degree of a barrister) shall advise and require. IN WITNESS, &c. VOL. III. E PURCHASES. Right of Way. No. LXIV. A Grant or Conveyance of a Right of Way (1), or Variations where it is for Life, or a Term of Years only. Also where the Way is now created, and where previously in Esse. Parties. Recitals. THIS INDENTURE of two parts, made the day of in the year of the reign, &c. and in the year of our Lord Wife. In esse. (1) See ante, p. 42, n. (1), which is equally applicable to the grant of a way, and 1 Elem. Conv. 2d edit. p. 251. (2) If the wife of the grantor have a title to dower out of the lands over which the right of way is granted, she may be made a party, if thought requisite, and a covenant to levy a fine be inserted, as in Vol. II. No. XXXI. marg. (3) Or if the right of way have been previously granted to the vendor, recite the deed by which it was so granted. Right of Way. The vendor in &c. or on the eastern side of certain common fields, PURCHASES. and other lands and grounds belonging to the said (vendor). AND WHEREAS for the more easy and convenient access of the said (purchaser) to certain lands and hereditaments, of him the said (purchaser), situated adjoining thereto, he has agreed with the said (vendor) for the grant to him of a right of way and passage through the said fields and grounds (or a conveyance of the said right of way, as the case may be), at the sum of £ NOW THIS INDENTURE WITNESSETH, consideration, that in pursuance of the said agreement, and in consideration of the sum of £ of lawful money, of the United Kingdom of Great Britain and Ireland, of English value and currency, to the said (vendor) in hand well and truly paid by the said (purchaser) at or immediately before the sealing and delivery of these presents, the receipt whereof the said (vendor) doth hereby expressly acknowledge, He the said (vendor) HATH granted, right of way. bargained, and sold (1), and by these presents DOTH grant, bargain, sell, and confirm unto the said (purchaser) and his heirs (2), "a free, entire, and uninterrupted way or passage, and liberty and Grants the (1) The word grant is the only operative and proper word "Grant," &c. for creating a right of way, as no use can be raised of a way not yet in esse. See ante, p. 44, n. (1), but when once created and become a thing in esse, it may be made the subject of a bargain and sale, or any other mode of transferring incorporeal property. Beaudly v. Brook, Cro. Jac. 189. (2) If the right of way is meant to be for the life only of the Life or years. grantee, say "and his assigns," instead of "heirs," and if for a term of years only, say "executors, administrators, and assigns." |