XXXV.

GRANT OF A RIght of Way. (a) (Short Form.)

THIS INDENTURE, made the

year of our Lord

day of— in the

Grantor is certain land.

seised in fee of

Contract for

Witness;

Grantor grants right of way.

BETWEEN [grantor], of, &c., of the one part, and [grantee], of, &c., of the other part: WHEREAS the said [grantor] is seised of, or well and sufficiently entitled for an estate of inheritance in fee simple, of and in the closes of land hereafter particularly named: AND WHEREAS the said [grantee] hath contracted with the said [grantor] for a right purchase. of way over and across the said closes of land, at or for the price of 50l.: Now THIS INDENTURE WITNESSETH, That in consideration of the sum of 50%., of lawful money of the United Kingdom of Great Britain and Ireland, to the said [grantor] in hand, well and truly paid by the said [grantee], at or immediately before the sealing and delivery of these presents, the receipt of which said sum of 507. he the said [grantor] doth hereby admit and acknowledge, and of and from the same and every part thereof doth acquit, release, and discharge the said [grantee], his heirs, executors, administrators, and assigns, and every of them for ever, by these presents; He the said [grantor] HATH given and granted and confirmed, and by these presents DOTH give, grant, and confirm unto the said [grantee], his heirs and assigns, Full and free liberty, at all times hereafter, for him the said [grantee], his heirs, and assigns (b), and his and their servants, and all other persons authorised by him or them, at his and their

(a) A right of way is an incorporeal hereditament. It is a right of going over another man's ground. This may be granted by special permission; as when the owner of the land grants to another the liberty of passing over the grounds, to go to church, to market, or the like; in which case the gift or grant is particular, and confined to the grantee alone it dies with the person; and, if the grantee leaves the country, he cannot assign over his right to any other; nor can he justify taking another person in his company. (See Black. Com. book ii. chap. 3.)

(b) This extension of the right to the heirs and assigns, and his and their, &c., is necessary for the reason stated in note (a).

Covenant that grantee may make road.

Grantee covenants to keep same in repair.

will and pleasure, to go, return, pass, and repass (c), with
horses, cattle, and other beasts, carts, waggons, and other
carriages, laden or unladen, through and across the several
closes of land called
—, and —, in the parish
from the north-east corner

in the said county of

of, in the county of
of the said close, called, to, unto, and towards a cer-
tain road called, Road, being the high road from the
town of
to the city of
———, in the county of: And the said [grantor] doth
hereby, for himself, his heirs, executors and administrators,
covenant and agree with the said [grantee], his heirs, and
assigns, that it shall be lawful for the said [grantee], his heirs
and assigns, to make, construct, and lay down a good and
proper road or causeway, of the width of
feet and no
more, through the said closes of land, in the direction afore-
said; and from time to time to repair and amend the same:
And the said [grantee] doth hereby, for himself, his heirs, ex-
ecutors and administrators, covenant and agree with the said
[grantor], his heirs and assigns, that he the said [grantee],
his heirs and assigns, shall and will from time to time, and at
all times hereafter, at his or their own proper costs, charges,
and expenses (d), repair, and keep in repair in a proper and
substantial manner, the said road or causeway, when the same
shall be made, constructed, or laid down, as aforesaid. IN
WITNESS, &c. (e) *

(c) If only a foot-way is intended to be granted, it should be so stated; if also a way for horses, carriages, and the driving of cattle, they should be specifically named as above, in order to prevent any question at a subsequent period.

(d) This covenant is inserted to obviate any doubt as to whether the grantee is bound to repair. Doubtless the grantor is not, unless it is so stipulated. (Pomfret v. Rycroft, 1 Sand. 321.)

(e) The above is the most simple form for a transaction of this nature. A more complicated arrangement will be found in the next precedent.

As to the proper stamp ; << a grant of a right of way, if for a valuable consideration, will require an ad valorem duty." (Coventry, On Stamps, p. 344.)

XXXVI.

GRANT OF A RIGHT OF WAY where the Grantor wished
to divert a public Road, and in order to induce another
Party to consent to such Diversion, he agreed to grant a
Right of Way over certain Lands and the use of a pri-
vate Road. Covenants for the Repairs of the Road;
of mutual Distress on certain Lands, &c., and other
special Provisions: the Grantor being about to apply to
the Quarter Sessions for leave to divert the public
Road.

THIS INDENTURE, made &c., 1811, BETWEEN [grantor], Parties. of, &c., Esq., of the one part, and [grantee], of, &c., Esq., of the other part: WHEREAS such part of the lands and Statement of grounds in the plan or ground-plot delineated in the margin right to several of these presents as are coloured red, are the property of the said [grantor], and such of the said grounds and lands in the said plan delineated as are coloured green, are the property of

properties.

lic road.

the said [grantee]; AND WHEREAS the road or way in the said Public road. plan, marked A, is the public road now passing through or adjoining to the lands of the said [grantor]; AND WHEREAS Grantor desires the road or way in the said plan hereunto annexed, marked to remove pubD, is the road or way of the said [grantor], passing through the grounds of the said [grantor], and on account of the proximity of the said public road, marked A as aforesaid, to the dwelling-house of the said [grantor], in the said plan marked F, the said [grantor] is desirous of removing the said road in the direction of the road or way in the said plan marked B; AND WHEREAS, in order to induce the said [grantee] to consent, in manner herein-after mentioned, to the removal and altering the said public road in such direction as aforesaid, the said [grantor] hath agreed to grant the said [grantee], in manner herein-after mentioned, a right of way for carriages and otherwise, as herein after mentioned, through the grounds of the said [grantor], in the direction in the plan

Grantor agrees to grant right of way, and

liberty to use road already; made.

Agreed that

Covenants should be entered into.

the roads.

1st Witness;

right of way:

marked C, down to the point in which the said line of road, marked C, joins in with the said private road of the said [grantor], in the said plan marked D as aforesaid; And also such further right of way along the said private road, marked D, as hereinafter mentioned: And it has been also agreed between the said parties hereto, that such covenants should be entered into for the purpose of keeping the said private road in repair and otherwise for the more effectually carrying the said Agreement as agreement into effect: AND WHEREAS it hath also been agreed to the repair of between the said parties hereto, that the said roadway so to be granted to the said [grantee], marked C in the said plan, shall be wholly made and kept in repair, at the costs and charges of the said [grantee], his heirs, and assigns; And that so much of the said private road of the said [grantor], in the said plan marked D, as shall be granted to the said [grantee], shall be kept in repair jointly, in equal shares, by the said [grantee] and [grantor], in manner herein-after mentioned: NOW THEREFORE THIS INDENTURE WITNESSETH, That, in Grantor grants pursuance and part performance of the said agreement in this behalf, on the part of the said [grantor], and in consideration of the covenants and agreements hereinafter contained, and on the part of the said [grantee] to be done and performed, and for and in consideration of the sum of 10s., of lawful money of Great Britain by the said [grantee] in hand, well and truly paid to the said [grantor], at or immediately before the sealing and delivery of these presents (the receipt whereof is hereby acknowledged), he the said [grantor] hath given, granted, bargained, sold, ratified, and confirmed, and by these presents doth give, grant, bargain, sell, ratify, and confirm unto the said [grantee], his heirs, and assigns, Full and free liberty of passage, and ingress, and egress, and regress for him the said [grantee], his heirs, and assigns, and his and their servants, friends, and all other persons in the employ of the said [grantee], his heirs, and assigns, at all times hereafter, with carriages, horses, carts, and otherwise, as he or they shall think fit, through and along all that road or way, or intended road or way in the said plan marked C, now marked, out of the breadth of feet, down to the private road of him the said [grantor], in the said plan marked D; and also along the said private road of him the said [grantor], down to the

and through private road

part of the said plan marked E leading to a gate, &c., at all times hereafter and for ever; And also full and free liberty, licence, power, and authority to and for the said [grantee], his heirs and assigns, and his or their workmen or servants at any time from and immediately after the execution of these presents, in, through, over, and along the lands of the said [grantor] To Hold and enjoy the said right of way unto the said [grantee], his heirs, and assigns; And the said Covenant by [grantee] doth hereby covenant and agree with and to the grantee to make proposed said [grantor], his heirs and assigns, in the direction in the road. said plan marked C, at the proper costs and charges of the said [grantee], his heirs or assigns, to make and finish a road or way so as such road or way do not exceed the breadth of feet, and to place gravel or other materials necessary for making the said way or any part thereof, and to employ workmen in or about the amending the same, and to load and carry materials for the mending the same; And the said [grantor] doth hereby covenant, promise, grant, and Grantor coveagree with and to the said [grantee], his heirs, and assigns, nants for title. that he the said [grantor] now hath at the time of the sealing and delivery of these presents good right and full Good right to power to grant such right of way, powers, and premises as grant. aforesaid; And further that he, the said [grantee], his heirs For quiet enand assigns, shall and may at all times hereafter peaceably enjoy and use the said right of way, powers, and privileges so granted as aforesaid, without any let, suit, trouble, eviction, or denial whatsoever, of or by him the said [grantor], his heirs, executors or administrators, or any person or persons whomsoever, claiming or to claim by, from, through, or under him or them; And further that he the said [grantor], And for further his heirs, executors, administrators and assigns, shall and will at all times hereafter, at the request and at the proper costs and charges of the said [grantee], his heirs or assigns, make, do, and execute all such further and other acts, deeds and assurances whatsoever, for the further, better, and more perfectly granting and confirming the said right of way, powers or privileges herein-before granted or intended so to be, as the said [grantee], his heirs or assigns shall reasonably require: AND THIS INDENTURE FURTHER WITNESSETH, 2d Witness; and the said [grantee], in consideration of such grant so

joyment.

assurance.

Grantee consents to di