Right of Way.

purchaser to

Covenant by

in repair.

deeds, conveyances, assurances, matters and things PURCHASES. whatsoever, for the further, better, and more effectually, or satisfactorily granting, conveying, assuring, and confirming the said way, passage, and premises, or any part thereof, unto, and to and for the use and benefit of the said (purchaser) his heirs and assigns, in the manner aforesaid, and according to the true intent and meaning hereof, as he or they, or his or their counsel in the law shall require or advise. AND the said (purchaser) for himself, his heirs, executors, administrators, keep the road and assigns, doth hereby covenant, promise, and agree, with and to the said (vendor) his heirs and assigns, in the manner following, that is to say, that he the said (purchaser) his heirs and assigns, shall and will from time to time, and at all times hereafter, well and sufficiently repair, with good and proper materials, at his and their own costs and expense, the said road or way (1), hereby granted, bargained, and sold, or otherwise assured or mentioned or intended so to be, and keep the same at all times in a good, sound, perfect, and substantial state of repair and condition (2), with

(1) If the way be granted through two or more closes of the Gates, &c. grantor, a covenant should be inserted on the part of the grantee, (previously to this for repairs) that he will make and construct with good and durable timber, strong swing gates for the purpose of keeping the cattle of the grantor from going astray, or passing into the adjoining closes, and the covenant in the text should be so altered as to be made to extend to the keeping them in repair.

(2) The grantee is bound to keep in repair a way given him Repairs. through another's ground. Pomfret v. Rycroft, 1 Saund. 322.

Right of Way.

Grantee will not deviate.

PURCHASES. stones, gravel, or other good and proper materials, and by filling up and levelling all ruts and other holes and irregularities in the said road or way occasioned by the use and passage of the said (purchaser) his heirs and assigns, or others as aforesaid. AND further, that he the said (purchaser) his heirs or assigns, or any other person or persons claiming, entitled to, the right of said way or passage hereby granted, from, under, or in trust for him or them, by virtue of these presents, or otherwise howsoever, shall not nor will, at any time, deviate or depart from the said way or passage, to or upon the land or ground of the said (vendor) his heirs or assigns, thereto annexed or adjoining, nor suffer his or their horses, cows, sheep, oxen, hogs, or other cattle, to feed or browse upon the herbage or produce thereof. Grantor to have PROVIDED ALWAYS, and it is hereby expressly deuse of the way. clared and agreed, by and between the said parties hereto, that the said (vendor) and his heirs, and all and every other owner or owners for the time being, of the land or ground, through or upon which the said way or passage doth or shall go or

Way in esse.

Ryder v. Smith, 3 Durnf. and E. 766. Taylor v. Whitehead, 2 Dougl. 745. This covenant therefore is not necessary, otherwise than as it affords an additional remedy for the grantor, by action on the covenant, if the way be out of repair, and the grantor reserve to himself the privilege of using it concurrently with the grantee.

If the way be already in esse instead of the grantee's covenanting to keep the road in repair, it may be stipulated that he shall contribute so many days' work, or so many loads of road materials towards repairing it.

Right of Way.

extend, shall at all times during the subsistence PURCHASES. of the grant hereby made, have, and possess, and that there is hereby expressly reserved to him and them respectively, a full and free use and enjoyment of the same concurrently and equally with the said (purchaser) his heirs and assigns, and also the full and entire use of, and dominion over the soil, land, and ground, and the produce and product thereof, in all respects, and to all intents and purposes in such and like manner as if these presents had not been made, any thing hereinbefore contained to the contrary thereof in anywise notwithstanding (1). IN WITNESS, &c.

(1) Here may be added a covenant by the vendor for the production of the title deeds to the land over which the right is given, should it be deemed necessary, as in other cases.

PURCHASES.

Rent Charge, or

Fee Farm Rent.

No. LXV.

Conveyance of a Rent Charge in Fee, or Fee Farm
Rent, to a Purchaser (1).

&c.

of

reign, &c. and in the year of our Lord
BETWEEN (2) (the vendor) of

How grantable.

Wife.

(1) A rent-charge is "an annual sum of less than the fourth of the yearly value of the land, for the payment of which premises are charged with a distress, and if it be of a greater amount than a fourth of the value it is a fee farm-rent," Co. Lit. 143, b. The most appropriate form of conveying of a rentcharge to a stranger is by grant, which therefore is the mode here adopted; but as seisin to uses may be had of a rent, which will be executed by the statute, Taylor v. Vale, Cro. Eliz. 166; it may likewise be transferred by bargain and sale enrolled, lease and release, or covenant to stand seised, and if it be conveyed to the terre-tenant or person seised of the land, it will pass by release alone, and a fine may also be levied, and a recovery suffered of a rent charge, see 2 Sand. Us. and Tr. 30, 2 Elem. Conv. 2d Ed. 329. 4 ib. 506. But if the conveyance be to the terre-tenant, it will operate as an extinguishment, unless made to a trustee for the purpose of being kept on foot, Lit. S. 479, 480. Co. Lit. 270, 280.

(2) If the wife of the grantor have a title to dower in the

the

part, and the (purchaser) of, &c.

PURCHASES.

of the other part. WHEREAS by an indenture Rent Charge, or bearing date on or about the

was in the year

which Fee Farm Rent.

Recital of grant

day of
and made or expressed to be

charge.

made between (the grantor) of the one part, and the of the rent said (vendor) of the other part, the said (grantor) gave, granted, and confirmed unto the said (vendor) his heirs and assigns, a clear yearly rent charge, or annual sum of £ to be issuing

and payable out of, and charged upon ALL, &c. payable half yearly, on the

and the

day of

day of in each year. AND WHEREAS the said (purchaser) hath contracted with (1) the said (vendor) for the purchase of the said yearly rent charge, or annual sum of £ free from incumbrances, (other than as hereinafter is mentioned) at the sum of £ and

the same is now intended to be conveyed and assured to him in the manner hereinafter expressed. Now THIS INDENTURE WITNESSETH that in pursuance and execution of the said contract,

WITNESS, the sideration of

vendor in con

the purchase money.

rent charge, make her a party, and vary the draft agreeably to Dower. Vol. II. No. XXXI.

If the conveyance be intended to be made to uses to bar dower, see Vol. I. No. XXVIII. and the variations for that purpose in Vol. II. No. XXXI. but in this case the conveyance must not be

by bargain and sale under the statute of uses, and see ante, Vol. II. p. 8, n. (20).

(1). If the rent-charge was sold by public auction, make the Auction. recital of the contract, and of the payment of the purchase

money, conformably to Vol. II. No. XXXI. p. 4.