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Surveyors Opinion
Surveyors Opinion
Hi There,
Please could I get a surveyors opinion?
The below is a conveyance and attached is a
plan for a piece of land. Please would someone kindly review this for me and possibly answer the two questions I have below:
THIS INDENTURE OF CONVEYANCE made the twelfth
day of December one thousand nine hundred and twenty seven BETWEEN KIT (hereinafter called ??the vendor?) of the first part RWW Solicitor (hereinafter called ??the mortgagee?) of the second part and GAM (hereinafter called ??the purchaser?) of the third part WHEREAS the vendor is the estate owner in respect of the fee simple of the property hereby assured subject only to a mortgage thereof dated the twentieth day of March one thousand nine hundred and seventeen and made between the vendor of the one part and the mortgagee of the other part by virtue whereof and of the transitional provisions of the Law of Prop
erty Act 1925 a term of three thousand years from the first day of January one thousand nine hundred and twenty six in the same property created by the said Act is now vested in the
Mortgagee without impeachment of waste by way of mortgage for securing the payment to the Mortgagee of the sum of two hundred pounds with interest thereon is therein expressed AND WHEREAS the said sum of two hundred pounds remains owing to the Mortgagee on the security of the said mortgage with current interest AND WHEREAS the vendor has agreed with the purchaser for the sale and transfer to him of the property hereby assured free from incumbrances for the sum of TWENTY-FIVE POUNDS AND WHEREAS the Mortgagee having other sufficient security for the principal moneys and interest owing to him on the security of the said mortgage of the twentieth day of March one thousand nine hundred and seventeen it has been agreed that the whole of the said purchase money shall be paid to the vendor and that the Mortgagee shall join in this deed in manner hereinafter appearing NOW THIS DEED WITNESSETH that in pursuance of the recit
ed agreement and in consideration of the sum of twenty-five pounds now paid by the purchaser to the vendor with the consent
of the Mortgagee (the receipt whereof the vendor and the payment whereof in manner aforesaid the Mortgagee hereby acknowledge) and of the premises the vendor As Beneficial Owner hereby grants and the Mortgagee As Mortgagee by the direction of the vendor and to the intent that the said mortgage term shall merge in the freehold reversion of the property hereby assured hereby assigns and surrenders unto the purchaser ALL THAT piece or parcel of land containing by admeasurement fifty six and one-half square yards or thereabouts with the abuttals and boundaries thereof more particularly delineated in the plan drawn on these presents and therein coloured red TO HOLD unto the Purchaser in fee simple AND the Purchaser to the intent and so as to bind (so far as practicable) the lands and premises hereby assured into whosesoever hands the same may come and to benefit and protect the property delineated on the said plan and thereon colo
ured blue hereby covenants with the Vendor that th
e Purchaser or his successors in title will forthwith erect and for ever maintain on the land hereby assured extending the whole length of the south-western side thereof a good and sufficient fence of the same height as the wall dividing the said land from the highway AND the Mortgagee hereby acknowledges the right of the purchaser to the production of the documents mentioned in the Schedule hereto (the possession of which is retained by the Mortgagee) and to delivery of copies thereof AND the vendor doth hereby covenant with the purchaser that the mortgagee and his successors in title will keep the same documents safe whole and unobliterated (fire or other inevitable accident only excepted) Provided that this covenant shall become void if at any time the person then having possession of the said documents shall give to the purchaser or his successor in title an undertaking for the safe custody thereof AND the parties hereto hereby certify that the transa
ction hereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value or the aggregate amount or value of the consideration exceeds the su
m of five hundred pounds IN WITNESS whereof the said parties to these presents have hereunto set their hands and seals the day and year first hereinbefore written.
- In your opinion is it the red or blue land being purchased
The land being purchased is 56.5 sq yds or therabouts.
- Would you agree or disagree the photos show the land that is being purchased above?
- Would you agree that the wall you see in the old photo is the wall the purchaser of the land was covenanted to erected? The photo faces North
Thank You
- 10 Replies
made between the vendor of the one part and the mortgagee of the other part by virtue whereof and of the transitional provisions of the Law of Property Act 1925 a term of three thousand years
That line. Right there. AWESOME!
…Next.
The red, you’ve got the property incorrectly drawn on the photo.
I was so blown away by the three thousand years that I gave up on answering the question. Wow!!!!
Note he is in Yorkshire UK, versus in the US where most people think 3 hundred years is a long history.
.Note he is in Yorkshire UK, versus in the US where most people think 3 hundred years is a long history.
.a term of three thousand years from the first day of January one thousand nine hundred and twenty six
3000+1926=4926
The year 4926. A.D.
C’mon, man?!
I fixed myself a gin and tonic that has been quite tasty, but I don’t think it’s making me any better at surveying. What is 3000 years again? The length of the mortgage? If so, those are my kinda terms!! ????
If I understand this correctly there is a mortgage on the blue and red property. The owner conveys the red to the purchaser here and the mortgage holder agrees to release their interest because the remaining collateral in the blue is sufficient to secure the 200 pound mortgage.
The red is conveyed to the purchaser and the blue is the vendor??s remainder which is encumbered by the mortgage.
Location??I couldn??t say or answer the questions.
I??m just a simple Northern California land surveyor, though.
The document clearly states that for the next 3,000 years a fence that hadn’t been built at the time of the document will be constructed and will define the boundary of the red area. Since 3,000 years haven’t passed it easy enough to conclude that the fence is the boundary today.
As far as whether or not the photos are correct, or even of the same property,,,,,,,,,they look like they are, but I have no reason beyond that to comment on them.
Thank you so much guys,
All of your comments gave me a laugh 🙂
I am of also of the belief the red is conveyed to the purchaser and the blue is the vendor??s remainder which is encumbered by the mortgage.
I have a surveyor who is saying it is the blue land being purchased even though I provide future conveyances showing that land being purchased at a later date.
Even though It clearly stipulates the red in the conveyance, I have a surveyor who is saying it is the blue land being purchased.
I provide future conveyances showing the blue land being purchased at a later date.
I don’t know why he thinks it’s the blue land.
Thank you again & Kind Regards
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