Lease of House 1917


(Letters on the map are refered to from the lease)

Dated the 14th December 1917

Colonel H. W. HARRIS

- TO -

Miss EMILY BRAY and Others





LEASE


- OF -

Thornton Hall and adjoining land at

Thornton, in the County of Buckingham.




Charles Russell & Co
37 Norfolk Street
Strand. W.C.


 

 

This Indenture made the fourteenth day of December One thousand nine hundred and seventeen Between HENRY WILLIAM HARRIS of Thornton Hall Stony Stratford in the County of Buckingham a Colonel in His Majesty's Army (hereinafter called "the Landlord" which expression shall include his heirs and assigns where the context so admits) of the one part and EMILY BRAY and FRANCES MARGARET GOUGH both of the Convent of Jesus and Mary Ipswich in the County of Suffolk Spinsters and ELIZABETH LAROCHE of the Convent of Jesus and Mary Felixstowe in the County of Suffolk Spinster (hereinafter called "the Lessees" which expression shall include their executors administrators and assigns where the context so admits) of the third part Witnesseth as follows:-

Consideration.

I. THE demise hereinafter contained is made in consideration of the rents and covenants on the part of the Lessees and conditions hereinafter reserved and contained.

 

 

Demise

II. THE Landlord doth hereby demise unto the Lessees:-

 

All the premises specified in the First Schedule hereto BUT EXCEPT AND RESERVED out of these presents the premises specified in the Second and Third Schedules hereto respectively.

Habendum

to hold the premises hereby demised unto the Lessees from the twenty-ninth day of September One thousand nine hundred and seventeen for the term of fourteen years then next ensuing. -

Reddendum

Paying therefore yearly during the said term hereby granted and so in proportion for a less time than a the rent of Nine Hundred and Four Pounds to be paid without any deduction (except for landlord’s property tax) by equal quarterly payments on the four usual quarter days in every year the first of such payment to be made on the twenty-fifth day of December One thousand nine hundred and seventeen and the last payment to be made in advance one calendar month before expiration of the said term or immediately on the determination thereof in the event of the same being determined by re-entry under the proviso in that behalf hereinafter contained the Iessees to be entitled to possession immediately on the execution hereof.

Covenants by

the Lessees

 

III. THE Lessees do hereby for themselves and their assigns covenant with Lessees the Landlord in manner following that is to say:

-

 

 

(1)To Pay rent

(1) That the Lessees will during the continuance of the term hereby granted pay the said yearly rent hereinbefore reserved and made payable at the times and in the manner at and in which the same is hereinbefore reserved and made payable without any deduction whatsoever except as aforesaid.

 

 

(2) To Pay Outgoings

 

 

(2) That the Lessees will from time to time and at all times during the said term pay and discharge all rates taxes (including land tax) duties charges impositions assessments and outgoings whatsoever whether parliamentary parochial local or of any other description which are now or may at any time hereafter be assessed charged or imposed upon or payable in respect of the said demised premises or the said rent hereby reserved or the owner or occupier in respect thereof respectively the landlord's property tax only excepted.

(3) To Pay costs of abating nuisance

 

(3) That the Lessees will from time to time pay all costs charges and expenses incurred by the Landlord in abating a nuisance and executing all such works as may be necessary for abating a nuisance in obedience to a notice served by a local authority other than a nuisance arising from the defective construction of any structure now on the demised premises.

(4) To pay Costs of proceedings under Section 14 of the Conveyancing Act

 

(4) That the Lessees will pay unto the Landlord on demand all costs charges and expenses (including legal costs and fees payable to a surveyor) which may be incurred by the Landlord in or in contemplation of any proceedings under the 14th Section of the Conveyancing Act 1881.

(5) To execute the works required by Local Authority

 

(5) That the Lessees will execute all such works as are or may under or in pursuance of any Act or Acts of Parliament already or hereafter to be passed be directed or required by any district council or other local or public authority to be executed at any time during the said term upon or in respect of the said demised premises whether by the Landlord or tenant thereof And further will pay and indemnify the Landlord against all fees charges penalties claims and expenses to be paid or incurred thereunder or which may be payable for obtaining the approval of the local or other authorities to any of the works or matters done or to be done on or in respect of the demised premises.

(6) To paint outside every three years

 

(6) That the Lessees will in or before the year One thousand nine hundred and twenty and thereafter once in every four years of the said term or oftener if necessary for proper preservation thereof and also during the last year thereof paint the outside wood and iron and repair the stucco and cement work (which now is and in the past has usually been painted) of all erections and buildings from time to time during the said term standing on the piece of land hereby demised and all additions from time to time made to such erections and buildings respectively (all which erections buildings and additions are hereinafter referred to as "the present and future buildings") such painting to be with two coats of good oil and whitelead paint in a proper and workmanlike manner but the painting of the outside of the house shall not be required to be done so as to interfere with or damage the creeper at present growing on the house. [Written Addendum: Provided however that the Lessees shall not allow the creeper to overgrow the woodwork of the windows on the gutters, and that should repair become necessary to the down water pipes, the Lessees will renew the same if (in order to preserve the creeper) they prefer not to repair the old ones]

(7) To paint inside every seven years

 

(7) That the Lessees will in or before the year One thousand nine hundred and twenty and thereafter once in every seven years of the said term and also during the last year thereof paint all the inside wood and ironwork usually painted of the present and future buildings with three coats of good oil and whitelead paint in a proper and workmanlike manner and afterwards grain marble and varnish the parts usually grained marbled and varnished and also wash distemper and whiten all ceilings and colour all walls and repaper the rooms and staircase and size and varnish the staircase paper in the usual manner Provided always that the Lessees shall not be liable to paint either the outside or the inside during the last year if they shall have paid at least Ten Thousand Pounds on account of the purchase money of the freehold of the said premises and have performed and observed to date all their obligations under this Lease.

(8) To Repair

(8) That the Lessees will from time to time and at all times during the said term keep the present and future buildings and all premises in as good order and condition and as good a state of repair as the same are now in and in particular will repair the outside and inside plastering and stucco at all times when necessary.

 

 

(9) To maintain gardens and pleasure grounds, etc

 

(9) That the Lessees will at all times during the said term maintain the gardens and pleasure grounds of the said premises in good order and properly planted and carefully preserve the timber-trees and all ornamental and fruit trees bushes and shrubs which are now or may at any time during the said term be growing on the said premises [Written Addendum: and prune trees and train such fruit trees bushes and shrubs ivies and creepers on walls and all ornamental trees proper to be so treated] and replace such of the shrubs and plants as may die or require replacing.

(10) To deliver up at end of tenancy in good repair

 

(10) That at the expiration or sooner determination of the said term the Lessees will quietly yield up unto the Landlord the said demised premises so painted repaired cleansed maintained amended kept and pointed as aforesaid together with all additions and improvements made thereto in the meantime and all fixtures of every kind now in or upon the said premises or which at the expiration or sooner determination of the said term or at any time during the last seven years thereof may be affixed or fastened to or upon the said premises except tenant's or trade fixtures.

(11) To permit Landlord to enter and view premises and to repair on notice

 

(11) That it shall be lawful for the Landlord or his agents twice or oftener in every year during the said term during seasonable hours in the daytime with or without workmen or others to enter the said premises to view the state of repair and condition of the same and of all defects and wants of reparation then and there found (which the Lessees are liable hereunder to make good) to give or leave on the said premises notice in writing to the Lessees And that the Lessees will within the period of three calendar months next after any such notice as aforesaid or sooner if requisite repair and make good the same according to such notice and the covenant in that behalf hereinbefore contained.

(12) To permit Landlord to enter and take inventories of fixtures

 

(12) That the Lessees will permit the Landlord or the surveyors servants or agents of the Landlord at any time or times during the last seven years of the said term to enter upon the said premises or any part thereof during seasonable hours in the daytime and to take schedules or inventories of the fixtures and things to be yielded up at the expiration of the said term.

(13) No rights of Light or air to be acquired by any window in demised premises

 

(13) That in respect of any window which is now or may at any time hereafter be placed in any wall of any building now or at any time hereafter standing on the premises hereby demised overlooking other land now belonging to the Landlord the Lessees and the tenants of the Lessees shall be deemed to enjoy the access and use of light and air thereto with the consent and by the leave and license of the Landlord and the tenants of the Landlord and shall not by the enjoyment thereof acquire any absolute or indefeasible or other right thereto.

(14) To insure and rebuild in case of fire

 

(14) That the Lessees will forthwith insure and at all times during the said term keep insured against loss or damage by fire and hostile aircraft the said messuage and all buildings erections and fixtures of an insurable nature which at any time during the said term may be erected or placed upon or affixed to the said demised premises in the sum of Twenty Thousand Pounds at least in the Norwich Union Fire Insurance Society or in some other office of repute to be prescribed in writing by the Landlord in the joint names of the Landlord and the Lessees And will whenever required produce to the Landlord or the Landlord's agent for the time being the policy of every such insurance and the receipt for the last premium thereof And that in default thereof the Landlord may without prejudice to the power of re-entry under the clauses hereinafter contained insure the said premises in manner aforesaid and pay the premiums payable in respect thereof and that the premiums so paid and all incidental expenses shall be repaid by the Lessees to the Landlord on demand And that in case the said messuage buildings and premises or any part thereof shall at any time during the said term be destroyed or damaged by fire then and as often as the same shall happen all moneys received in respect of such insurance shall with all convenient speed be laid out in rebuilding repairing or otherwise reinstating the same premises in a good and substantial manner and under the direction of the Landlord’s surveyor for the time being And in case the moneys received in respect of the said insurance shall be insufficient for that purpose the Lessees will make good the deficiency out of the Lessees' own moneys.

15) Not to erect new buildings or make alterations to buildings

 

(15) That the Lessees will not at any time during the said term without the previous consent in writing of the Landlord or the Landlord's surveyor or agent for the time being erect or build or place or suffer to be erected or built or placed on the premises hereby demised or any part thereof any additional building or erection of any sort whatsoever or make or suffer to be made any considerable alteration or addition whatsoever (either externally or internally) in or to any building or erection already erected or in or to any new building or erection which with such consent as aforesaid may hereafter be erected on the premises hereby demised or in or to any permitted alteration or addition but this clause shall not apply to the following to which the Landlord hereby agrees:

:

 

 

(1) The removal of the greenhouse outside the Banqueting Hall.

 

 

 

 

 

(2) The addition of a storey to the school adjoining the Chaplain's house.

 

 

 

 

 

(3) The improvement of the laundry building.

 

 

 

 

 

(4) The building of a dairy.

 

 

 

 

 

(5) The putting up of partitions to sub-divide bedrooms and the erection of chicken houses and summerhouses in suitable positions.

 

Such consent shall not be unreasonably withheld nor withheld to any proposed addition or alteration which will have the effect of improving the value of the property as a whole. The Lessees will pay for every such consent not hereby given any solicitor's costs incurred by the Landlord therefor not exceeding Two Pounds Two Shillings for any one such consent and in addition any surveyor's or architect's charges reasonably incurred for approving the plans and specifications for any such work. The Lessees will if required by the Landlord (as regards any such alterations and additions) reinstate and re-decorate the premises in all respects and make good any damage occasioned thereby at the end of the Lease unless they are then completing their purchase of the freehold.

(16) New buildings, etc, to be made according to approved plans, etc

 

(16) That every permitted new building or erection or alteration or addition as aforesaid shall (except as to small structures such as summerhouses and chickenhouses and the subdivision by partitions before mentioned) be made according to the plans elevations and specifications previously approved of in writing by the Landlord's surveyor or agent for the time being.

(17) Conditions to be observed in case of rebuilding

 

(17) That in case at any time during the said term there shall be occasion to rebuild any building or erection hereby demised or any permitted new building or erection as aforesaid or any part (including any permitted addition or alteration) thereof respectively whether by reason of destruction by fire or through decay or from any other cause the same shall be rebuilt in a good and substantial manner and under the direction and to the satisfaction of the Landlord's surveyor for the time being and on the original site thereof and according to the original plans elevations and specifications thereof or on such other site and according to such other plans elevations and specifications as shall be previously approved of in writing by the Landlord or the Landlord's surveyor or agent for the time being and not otherwise and the Lessees shall pay to the Landlord for every such approval a fee of Two Guineas.

.

(18) To remove buildings, etc, made in breach of covenant

 

(18) That the Lessees will on the request in writing of the Landlord or the Landlord's surveyor or agent for the time being forthwith pull down and remove any building erection alteration or addition erected or made in breach of any of the foregoing covenants.

(19) Not to cut walls

 

 

(19) That the Lessees will not at any time cut maim or remove any of the main walls or timbers of any building for the time being standing on the said premises unless for the purpose of supplying and making good any defect therein which shall be supplied and made good accordingly or as far as necessary for the subdivision of bedrooms by partitions as aforesaid.

(20) Not to commit waste

 

 

(20) That the Lessees will not without first obtaining the consent in writing of the Landlord or the Landlord's agent or surveyor for the time being cut destroy or lop any tree which may at any time during the term hereby granted be growing upon or adjacent to the premises hereby demised or open work or dig for any mines minerals quarries clay chalk gravel or sand in upon or under the same.

(21) Not to permit easements to be acquired

 

(21) That the Lessees will not without the previous consent in writing of the Landlord or the Landlord's surveyor or agent for the time being knowingly permit or suffer any easement or right in the nature of an easement to be acquired in or over the demised premises or any part thereof unless and save in so far as such acquisition could not have been prevented by the Lessees and that the Lessees will give prompt notice to the Landlord or the Landlord's agent or surveyor for the time being of any circumstances which could or might result in the acquisition of any such right or easement as aforesaid and will at the request and cost of the Landlord adopt such means as may be reasonably required or deemed proper for preventing any such acquisition as aforesaid.

(22) To use only for certain specified purpose

 

(22) That the Lessees will not without the written consent of the Landlord first had and obtained use or suffer to be used any messuage or building for the time being standing on the premises hereby demised for any trade or business or otherwise than as a convent or private dwellinghouse or ladies boarding school or a coachhouse stable or other outbuilding thereto and that so much of the said land as shall remain unbuilt upon shall be used only as the yards gardens or pleasure grounds of such dwellinghouse and that the Lessees will keep such yards gardens and pleasure grounds in a neat and orderly condition.

(23) Not to commit nuisance, etc

 

(23) That the Lessees will not do or suffer to be done in or upon the said premises or any part thereof any act or thing whatsoever which shall or may be or become a nuisance damage injury annoyance or inconvenience to the Landlord or the Landlord's tenants or the occupiers of any of the adjoining lands or houses or the neighbourhood or which may tend to deteriorate the value of the adjoining lands and houses or any of them.

(24) Not to assign or underlet

 

 

(24) That the Lessees will not at any time during the term hereby granted assign or underlet or part with the possession of the said premises or any part thereof without the previous consent in writing of the Landlord.

(25) To give to Landlord notice of capital Assignment

 

(25) That the Lessees will within three calendar months next after any absolute transfer assignment or devolution of the interest of the Lessees under this present Lease in the said demised premises or any part thereof give notice in writing to the solicitor for the time being of the Landlord of such transfer assignment or devolution and of the name quality and place or places of abode of the person or persons to whom such transfer assignment or devolution shall be made and produce to such solicitor the instrument (duly stamped) of such transfer assignment or devolution and pay to such solicitor a fee of One Guinea for the registration of such notice.

Further covenants by the Lessees

 

IV. WITHOUT prejudice to the generality of the foregoing covenants the Lessees for themselves and their assigns do hereby further covenant with the Landlord in manner following that is to say:

(1) To erect fences *

 

 

(1) Within twelve calendar months after the end of the present war to erect a cattle proof wooden or galvanised iron fence five feet high along the unfenced boundary marked 'E' to 'G' on the plan No 1 annexed to these presents (here after called the plan) and along the unfenced boundary between the points marked 'P' to 'Q' on the plan such fences to be erected on the land hereby demised,
[* Pencilled Note: End of War was officially stated to be Dec 10th 1920]

(2) Maintain well, pump, fence,etc,

 

(2) At all times properly to maintain repair and when necessary renew the well and pump marked 'T' on the plan and the fences to be erected as aforesaid on the land hereby demised and all such of the existing boundary walls and fences as are included in this Lease and adjoin property belonging to the Landlord.

(3) To pay half cost of maintaining road

 

(3) At all times on demand to pay one moiety of the cost of maintaining repairing and renewing the metalled roadway (including the bridges) between the points marked 'A' and 'B' on the plan after deducting from the entirety of such cost all contributions made by local authorities towards such maintenance.

(4) To maintain [Written Addendum: Reservoir and] certain water pipes

 

(4) At all times to maintain repair and when necessary renew the reservoir marked 'R' on the plan and such of the main water pipes and drainage pipes and other works as are used for the purpose of conducting water from the river to the said reservoir and from such reservoir to the various points of supply but this shall not include the small water pipes on the lands of the Lessor which connect with the said main water pipes.

(5) To maintain and work turbine [Written Addendum: and electric light plant]

 

(5) At all times properly to maintain repair and (when necessary) renew the turbine situate at the point marked 'C' on the plan and so to work the same as at all times to keep the said reservoir filled with water up to a depth of five feet [Written Addendum: and also at all times to maintain repair and when necessary renew the electric light plant]

(6) As the name of Thornton Hall

 

(6) To cause the buildings to be used by some name other than Thornton Hall and not to object to the Landlord causing any other house or property in the neighbourhood to be called by that name. -

(7) As to growing fruit, etc

 

 

(7) To allow the Landlord to leave the fruit and potatoes now growing on the land hereby demised and in the green houses and at any time or times before the first day of December One thousand nine hundred and seventeen to remove the same or any of them and to enter on the land hereby demised for that purpose the Landlord interfering as little as reasonably can with the Lessees' occupation of the premises.

(8) To preserve growing fruit, etc

 

(8) To allow reasonable precautions to be taken by the Landlord that the fruit now in the greenhouses and removable as aforesaid will grow and be properly protected and preserved for him and permit access for that purpose.

(9) As to storage of wines

 

 

(9) To allow the Landlord to leave in the cellars the wine and spirits at the date of these presents stored there up to twelve months after the end of the war and at any time or times previously thereto but not with unreasonable frequency during reasonable hours in the daytime to come and remove the same or any part or parts thereof.

(10) As to storage of furniture.

 

(10) To allow the Landlord to store in the rooms to be agreed upon by the parties hereto all or any of his furniture and moveable chattels now in or about the house up to the twenty eighth day of February March one thousand nine hundred and eighteen and the articles specified in the list * thereof to be signed by or on behalf of the parties hereto to be stored in the rooms or places specified in such list and also all carriages harness motor cars and chattels used in connection therewith in the stabling coach-houses harness rooms and mens' rooms until twelve months after the present war and at any time or times before such respective time limits to come and remove the same or any part or parts thereof but as to the stabling coach-houses harness rooms and mens' rooms the Lessees are to have all such reasonable accommodation therein as they may require for their private use. [*Pencilled Addition -list to be signed]

(11) As to care of furniture

 

 

(11) To take all reasonable care of and reasonable care to protect from damage the said furniture and moveable chattels whilst the same or any part thereof remains so stored in the said rooms and stables coach-houses harness rooms and mens' rooms.

(12) As to use of stables, etc

 

 

(12) To allow the Landlord the use of any available stalls stables etc. in the stables for putting in his horses and [Pencilled Addition: the coachhouses] for housing his motor cars when visiting the estate until twelve months after the end of the present war.

(13) As to game.

 

 

(13) Not to catch or kill or feed on the lands hereby demised any pheasant wild duck teal widgeon snipe or other game and to allow the Landlord and his servants or other authorised by him at all times to enter on the lands hereby demised for the purpose of removing or driving off any such game and removing the eggs thereof.

Agreement as to reduction of rent

 

V. AND IT IS HEREBY AGREED AND DECLARED that if the Lessees shall after giving one month’s previous notice to the Landlord of their intention so to do pay to the Landlord any one or more instalments of not less than Four Thousand Pounds each on account of the purchase by them of the freehold reversion in the said premises without completing their purchase and taking a conveyance of the property the said rent shall thereupon be reduced by four and a half per cent per annum upon the moneys so paid as aforesaid.

Power of re-entry

 

 

VI. PROVIDED ALWAYS AND THESE PRESENTS ARE UPON THIS CONDITION that if the said yearly rent hereby reserved or any part thereof shall at any time be in arrear and unpaid for twenty-one days next after the same shall have become due (whether any formal or legal demand thereof shall have been made or not) or if the Lessees shall at any time fail or neglect to perform or observe any of the covenants conditions or agreements herein contained and on the part of the Lessees to be performed and observed then and in any such case it shall be lawful for the Landlord or any person or persons duly authorised by the Landlord in that behalf into or upon the said hereby demised premises or any part thereof in the name of the whole to re-enter and the said premises peaceably to hold and enjoy thenceforth as if these presents had not been made without prejudice to any right of action or remedy of the Landlord in respect of any antecedent breach of any of the covenants by the Lessees hereinbefore contained.

Covenants by the Landlord

 

 

VII. THE Landlord for himself and his assigns doth hereby covenant with the Lessees as follows namely

(1) For quiet enjoyment

 

 

(1) That the Lessees paying the rent hereby reserved and obtaining observing and performing the several covenants conditions and agreements herein contained and on the part of the Lessees to be observed and performed shall and may peaceably and quietly hold and enjoy the said premises hereby demised during the term hereby granted without any lawful interruption or disturbance from or by the Landlord or any person or persons claiming under or in trust for the Landlord.

(2) To maintain roadway

 

 

(2) That the Landlord will at all times until the roadway shall be taken over by the local or any other authority properly maintain the metalled roadway (including the bridges) between the points 'A' to 'B' on the plan.

(3) To allow the Lessees to enter lands of Landlord to repair, etc, waterpipes, etc,

 

(3) To allow the Lessees at reasonable times on giving (except as to repairs urgently required) seven days previous written notice to the Landlord to enter upon the lands of the Landlord along the site and line of the reservoir water pipes and drainage pipes and other works referred to in Clause IV (4) hereof for the purpose of maintaining repairing and renewing the same the Lessees doing as little damage as possible and making good all damage caused in the exercise of such right

(4) Not to enter for game, except, etc

 

(4) That the Landlord will not enter on to the lands hereby demised for the purpose of exercising any of the sporting rights reserved out of this demise except* as hereinbefore provided.

* [Pencilled Addendum: See Clause 4(13) Page 10]

Marginal notes

VIII. The marginal notes are to facilitate reference only and are not in any way to affect the construction of these presents or any clause herein contained.

 

IN WITNESS whereof the said parties hereto have hereunto set their respective hands and seals the day and year first above written.

The First Schedule above referred to:--
PARTICULARS of the Property demised by the above-written Indenture.

PART 1.

LANDS AND FIXTURES

ALL THOSE pieces of freehold land situate in the Parishes of Thornton and Leckhampstead in the County of Buckingham which are delineated on the Plan Number 1 annexed to the above-written Indenture and are thereon edged with the colour red and are more particularly specified below TOGETHER with the mansion house known as Thornton Hall and other buildings erected thereon or on some part or parts thereof and the turbine and auxiliary petrol engine and electric plant used for the purpose of water supply and electric plant TOGETHER with the rights specified in Parts II. and III. of this Schedule but excluding the items (a) (b) (c) and (d) below mentioned.



Parish.

Ordnance

 

 

 

 

 

Number

Description

Acreage

 

2nd Edition

(more or less).

 

1900.

 

A.

R

. P.

Thornton Bucks.

24

Orchard and Paddock

3

3

10

 

25 (part)

Thornton Hall and Grounds etc.,

 

 

 

 

 

except Church and Churchyard

19

3

28

 

25a

Kitchen Garden, Fruit Houses, etc.

2

0

26

 

27 (part)

Part of River

 

2

27

 

31 (part)

Vinery. Stovehouse and Stables

 

2

35

 

36

Cottage, Schoolroom and Land

9

21

1*

* Pencil Addendum: 27.3.27 - presumably the total of Acres, Roods and Pole in Thornton

Leckhampstead

1 (part)

Part of River

 

 

23

Bucks

9 (part)

 

 

1

1

 

12

Land

 

1

20

 

 

 

 

 

#

 

 

Total

A.28

2

31

[# Transcriber's note: Pencilled Addendum - a checksum was done to total the Leckhamstead holdings at 3 Roods 4 Pole. This when added to the 27.3.27 total for Thornton gives the final total of 28.2.31]

The following are not included in the sale lease namely (a) St. Michael's Churchyard coloured blue on the Plan Number 1 (b) the gates

marked H. I. J. K. and M. and the boundary wall or fence between the points marked K. and P. (c) the boundary wall separating the buildings between the points marked L. and N. (d) the gate and fencing between the points marked 0. and P. All other boundary walls or fences are included in the Lease.


The boundaries between the property sold demised and adjoining property of the Landlord are as follows:-


The red line marked D.D.D.D. forms the boundary of that portion of the soil of the river which is included in the Lease.


The line marked E. to G. runs from the river to the south western corner of the lower kitchen garden across the wood in a straight line which

touches the corner marked F. on the plan which point is twelve feet or thereabouts from the corner of the watercourse.

The boundary between the points marked Q. and S. on the said plan is a line on the top of the western side of the edge of the ditch.

The boundaries between the property sold demised and the Church property are to be as already agreed with the Rector and as set out in an

Agreement dated the fourteenth day of March One thousand nine hundred and seven made between Charles Clare Dawson Smith of Nash in the County of Buckingham Rector of Thornton cum Nash of the one part and the Landlord of the other part.

PART II.

 

RIGHT OF WAY.

 

 

FULL right aees and their asees and their assigns the occupiers of the lands specified in Part I. of this Schedule or any part thereof and their respective servants and licensees (in common with all other persons having from time to time the right to use the roadway hereinafter mentioned) at all times hereafter by day or night and for all purposes with or without horses carts carriages waggons or other vehicles whether drawn or self-propelled and whether laden or unladen to go pass and repass and to drive cattle sheep and other animals along over and upon the roadway between the points marked A. and B. on the Plan Number 1 and coloured brown the person or persons using the right of way hereby granted entering upon and leaving the said roadway at one or other of the points marked A. and B. on the said plan.

 

 

PART III

 


FULL right and liberty in perpetuity for the Lessees and their assigns the

occupiers of the lands specified in Part I. of this Schedule (a) by means of the existing water pipes (or any renewals thereof) to despatch water from the River Ouse into the reservoir marked B. on the said plan and to draw and receive water from such reservoir (through the existing water pipes or any renewals thereof) for use or consumption on all or any of the said lands and the buildings from time to time thereon and (b) to maintain repair and when necessary renew all or any of the said reservoir and existing water pipes and any renewals thereof and for that purpose to enter on the lands traversed by such water pipes and to open up the said lands the person or persons from time to time exercising such rights or any of them doing as little damage as possible and making good all damage thereby occasioned.

 

The Second Schedule above referred to:-

 

PARTICULARS of Articles and Fixtures, etc., excluded from the Lease

 

Hornsby's portable oil engine

 

Steam circular saw and table.

 

Corn grinding mill.

 

The chandelier in Mrs. Harris's bedroom.

 

Eleven electric light brackets whereof two are in the large drawing room, four are in the small drawing room, three are in the library and two

are in the study.

Chandelier over billiard table in the billiard room.

 

Wooden mantelpiece and overmantel in the boudoir to be replaced by the vendor with the mantelpiece and overmantel formerly in its

place

 

All timber already felled and two chestnut trees not felled situate near the northern corner of the stables and already sold by the

Landlord.

 

All potatoes and fruit now growing.

 

Life-size stone statue of a woman standing on terrace walk

 

The garden frames.

 

The pigeon and chicken houses.

 

The stone vase for growing flowers in or on the steps leading up to terrace walk close to the Church.

 

The four moveable summerhouses in the pleasure grounds.

 

The Third Schedule above referred to:-

 

PARTICULARS of the rights reserved to the Landlord out of the premises demised by the above-written Indenture.

 

1. The following rights and liberties for the Landlord his heirs and assigns the owners or

occupiers of the lands and premises coloured green on the Plan Number 2 annexed to the above-written Indenture or any part or parts thereof namely:-

 

(a) The right at all times to draw water from the well and pump marked 'T' upon the Plan Number 1 and in particular for the benefit of the inhabitants or occupiers of the houses and premises in the Village of Thornton.

 

(b) All shooting and other sporting rights (other than fishing rights) over the lands

demised such reserved sporting rights not to be exercised in breach of the Landlord's covenant in Clause VII. (4) hereof hereinbefore contained.

 

(c) Full right and liberty for the owners and occupiers of Home Farm and the Park

Hovels to draw water from the reservoir through the pipes leading therefrom to the same extent and for the same purposes as at present.

(4) The free running of water and soil over or through the lands sold in the same manner

as hitherto and the right to enter such lands to inspect repair and renew all or any of existing surface and other drains.

 

(e) The right to fell and remove, all timber (felled or standing) excluded from the Lease as specified in the Second Schedule hereto and to enter on the land for that purpose.

 

(f) The right to fell across the road and remove three poplar trees in the Home Farm

Orchard (numbered 32 on the plan) within three calendar months from the date hereof.

 

Signed Sealed and Delivered by the above-named

 

Emily Bray* in presence of

Arthur Coveney

8 Waterloo Place

Pall Mall SW

Solicitor

 

[* Transcriber's Note - The document bears entries and the signatures of Emily Bray, Frances Margaret Gough and Elizabeth Laroche as well as for Henry William Harris who signs as dwelling in Foxcote Manor Buckingham, and gives his profession as 'Gentleman']

Thornton Estate Documents