(which shall be deemed to form part of the Conditions of Sale)

  1. Sale Particulars. The Plan and quantities are based on the latest available edition of the Ordnance Survey as revised by the Auctioneers. They and these Particulars and Conditions are believed to be correct, but any error or omission or mis-statement shall not annul the sale nor entitle either party to compensation nor in any circumstances give grounds for an action at Law.
    Notwithstanding that the Ordnance Survey areas are calculated to the centre of hedges. any lot which in bounded by a hedge shall be deemed to include the width of a ditch on the inside of the hedge and no Purchaser shall raise any question regarding any discrepancy of area caused thereby.
  2. Boundaries and Disputes. If within six months after completion of the Sale of any lot affected thereby or in regard to any lot or property still owned by the Vendors. a dispute shall arise between the Vendors and any Purchaser or between two or more Purchasers as to the boundaries of any lot, the dispute
    shall be referred to the arbitration of the Auctioneers or their nominee, whose decision shall be final and binding on all parties, and who shall also decide how the costs of such reference are to be borne.
  3. Tenancies, The property is sold subject to and with the benefit of the existing leases and tenancies and subject to all tenants’ claims. Details of the leases and tenancies of some of the properties are contained in, these Particulars. Available information concerning the leases and tenancies of the other properties will be supplied on application to the Vendors’ Solicitors before the date of the Sale. Copies of the Agreements or Leases (where in writing) or correspondence if any) creating the tenancies or variations thereof may be inspected previous to the date of Sale at the Offices of the Vendors’ Solicitors by appointment, and all Purchasers shall be deemed to have full notice of the nature and details of all leases and tenancies and the contents of all documents affecting the same whether they inspect them or not.
  4. Fixtures. All Fixtures and Fittings usually designated Landlord’s Fixtures are included in the Sale. Fixtures and Fittings usually denominated Tenant’s
    Fixtures ant Fittings shall be taken according to an Inventory which has been prepared by the Auctioneers and paid for by the Purchaser of the lot or lots
    on which they are situated in addition to his purchase-money by valuation in the usual way. Other Tenant’s Fixtures, Fittings. Buildings and additions are
    expressly excluded. Care has been taken in compiling the Particulars to omit any items which do not belong to the Vendors but the Purchasers shall be
    responsible for making their own enquiries and no claims will be admitted.
  5. Fences. ‘Where new boundary fences are required between lots, the fences shall belong as shown by “T” marks, and the Purchasers of the lots on which
    the “T” marks are shown shall in their conveyances covenant to erect within three months after completion, and thereafter maintain, a fence in position and construction to the satisfaction of the Auctioneers or their nominee as shown on the lines marked “T” on the Plan, provided that where the erection of such fence within the time aforesaid would sever property comprised in one letting the fence shall be erected on termination or part termination of the Letting.
  6. Cultivations. ‘The schedule records as accurately as possible the present state of cultivation of the various fields. and Purchasers shall satisfy themselves as to the accuracy thereof and as to the rights of any tenant to vary the same under their Agreements or otherwise.
  7. Rights, Easements and Outgoings. The property is sold subject to and with the benefit of rights of way, water. support, drainage, light and other casements and wayleaves for electric poles and cables. drains and pipes, and subject to and reserving unto the Vendors and their assigns all rights,
    privileges and advantages at present enjoyed by way of casement, quasi-easement or customary right over or against the property sold for the benefit of or in connection with any lot remaining unsold. ‘The Vendors shall not be required to define any such rights, casements, privileges or Advantages.
  8. Apportionment of Rents, Wayleaves and Outgoings. The rents where necessary have been apportioned by the Auctioneers for the purpose of Sale, and no purchaser shall require the consent of any Tenant to he obtained to such apportionment nor require such rents to be legally apportioned. Purchasers shall, if required by the Vendors, join in making application for a legal apportionment of any outgoing and pay proportionately the cost thereof.
  9. Restrictions. Notwithstanding any contrary suggestion in these Particulars, the property is sold subject to any Town Planning Resolution or Scheme or any prescribed Street Improvement Line or Building fine which may he or which may come into force; also to the Restriction of Ribbon Development Act, 1935, and other Acts or Bye-Laws affecting the Estate and without any obligation on the part of the Vendors to disclose the same. No formal application has been made to the Highway Authority in regard to any frontage to classified roads, and the Vendors give no guarantee as to access or permission to develop. The Vendors are desirous of preserving the amenities of the Estate by preventing, so far as possible, the erection of buildings of an ugly or inharmonious character and the use of any lot or part of a lot for an offensive purpose, and all the lots will he sold subject to the following general building restrictions, but the Vendors shall have the right to waive or modify any of them at any time without obtaining the consent of any Purchaser or other owner:
    • No hut or timber dwelling, tent, caravan, house on wheels or encampment. except buildings required for agricultural purposes, or as an amenity to an existing or future private residence. shall be placed on any lot.
    • The exterior walls of houses shall be of stone, brick, concrete or other similar material, and the roofs shall be of quarried slate, tiles (other than light red or bright coloured tiles) or thatch.
    • No noxious, noisy or offensive trade or business shall be carried on upon any part of any lot or in any existing or future buildings thereon which shall be or may be or may grow to be a nuisance, damage or annoyance to the Vendors, their successors or assigns, lessees or tenants, or which may render less valuable any adjoining land belonging to the Vendors.
  10. ‘The framing and Portrait of a Gentleman by H. S. Cope, dated 1898, in the Study, is reserved from the Sale,
  11. The Estate Electrical plant is situate on Lot 3 and the purchaser of this lot will be required to take over and continue the supply. (See Conditions of Sale,)
  12. In the case of any inconsistency between these Stipulations and the Special Conditions of Sale, the latter shall prevail.