Precedents
| Author | Christopher Jessel |
| Pages | 477-486 |
Appendix 1
Precedents (note 1)
1 CONTRACT FOR SALE BY PRIVATE
TREATY INCORPORATING TEXT OF CONVEYANCE (NOTE 2)
THIS AGREEMENT is made the [day] of [month] 20[ ]
BETWEEN
(1) [Seller] of [Address] (‘the Seller’) and
(2) [Buyer] of [Address] (‘the Buyer’)
WHEREBY IT IS AGREED as follows:
1 The Seller will sell and the Buyer will buy at the price of [ ] pounds (£ )
ALL THAT Manor or Lordship or Reputed Manor or Lordship of Dale in the County of Barset (note 3) (‘the Manor’) as the same is more particularly described in the annexed form of conveyance (‘the Conveyance’)
2.1 The Seller sells [with limited] [without any] title guarantee (note 4)
2.2 The Seller’s title having been produced to the Buyer or his solicitor before the date of this agreement he buys with full knowledge of it and shall not raise any objection or requisition relating to matters before this agreement (note 5)
2.3 The Seller will retain all title deeds relating to the legal estate in the Manor and will give the Buyer an acknowledgment for production [and an undertaking for safe custody]
478 The Law of the Manor
3.1 The Manor is sold together with and subject to the exceptions reservations and existing rights contained or referred to in the Conveyance
3.2 The Manor is also sold subject to [complete as applicable, for example rights of common, repair of highways or sea walls, chancel repairs] and to any other incumbrances which may exist
4 [Manorial document – see below]
5 [Waste and minerals – see below]
6.1 The Seller shall not be required to define the boundaries, extent, nature or constituents of the Manor or of any [demesne] waste or former copyhold or dependent freehold or any incumbrances [other that those specified in this agreement] or to provide any information other that disclosed in written replies to written enquiries by the Buyer or his solicitor before this agreement or mentioned in this agreement
6.2 The Buyer having had the opportunity of investigating any matters relevant to the sale takes with full knowledge of them and shall not make any requisition relating to the state of affairs existing at the date of this agreement or to any past acts or events
7 The assurance to the Buyer shall contain the provisions set out in the
Conveyance
8 [Other standard provisions, such as deposit, completion formalities, interest on late completion, duplicate conveyance, incorporation of standard conditions of sale so far as applicable to sale of an incorporeal hereditament (note 6)]
Note 1 As explained in 26.3 most contracts and conveyances of manors will be prepared by qualified lawyers and these forms are designed to help them. They will need to be adapted to the circumstances of each case. These precedents are designed for an original sale out of an estate or family holding. Once the manor has been sold on its own, either a conveyance, usually by reference to the initial sale document, or, if title has been registered, a transfer will be used and the contract will simply refer to whatever the seller has.
Note 2 The traditional form of contract outlined the contents of the conveyance but left it to the buyer’s solicitor to draw the document. It is often simpler to prepare the end document at the outset and then incorporate it in a contract, especially where the buyer may be acting in person and not wish...
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