Scottish Law Commission (Reports)

 


Appendix D

Clauses extracted from a 999 year lease of land in Wishaw granted in 1901

I. It shall not be lawful to the second parties or their foresaids at any time during the currency of the foregoing Lease to divide or let into separate portions the subjects thereby let without the written consent of the first party nor to sell or convey the same or any part thereof or assign the foregoing Lease in whole or in part until the second parties or their foresaids shall have first offered in writing to sell or assign or renounce the same to the first party or his foresaids at the same rate or price that may have been offered by any other person (such offer being bona fide) the first party or his foresaids being bound to declare their acceptance or rejection of the offer in writing within twenty-one days of the receipt thereof provided that in the event of the second parties or their foresaids selling by auction they shall give the first party or his foresaids fourteen days' previous notice in writing of the time and place of such sale and the upset price to be asked and if the second parties or their foresaids shall do in the contrary then not only shall the right to be granted by them to any other person or persons be void and null without declarator or other process of law but they shall thereby forfeit all right to the said subjects and the same shall revert to the first party or his foresaids as if the sale and conveyance had never been made.

II. The first party and his successors reserve all coins or antique articles of value intrinsic or otherwise which may be found within the said piece of ground or in excavating the same as also the whole mines minerals metals fossils coal clay blackband and other ironstone limestone freestone slate marble and other stone whether ornamental or for building or other purposes and all substances within or on the said piece of ground with full power and liberty to the first party or his foresaids or any person authorised by him or them to search for work win raise calcine and carry away the same and to make bores sink pits or shafts open quarries erect houses steam engines and machinery and to make aqueducts levels drains roads railways and others necessary for all or any of these purposes and to resume possession of so much of the said subjects as he may consider desirable for any of these purposes the first party and his foresaids being liable to make compensation to the second parties and their foresaids for any ground so taken possession of or resumed as the same may be ascertained by an arbiter or arbiters mutually chosen or their oversman. But it is hereby expressly agreed that the first party and his foresaids or his or their Tacksmen shall not be liable for any damage that may happen to the said piece of ground or buildings now or hereafter erected thereon or for loss of water by or through the working past or future of the coal or other minerals in or under the same or in the neighbourhood thereof.

III. The second parties and their foresaids shall be bound and obliged at their own expense to fence and enclose when required by and to the satisfaction of the first party and his foresaids the said area or piece of ground in so far as that is not already done and to keep the same sufficiently fenced and enclosed during the whole period of the Lease as also within two years from the date of their entry to build and thereafter to maintain during the whole period of the Lease upon the said area or piece of ground a dwelling house or other buildings of stone and slated as good as and not inferior to those in the immediate neighbourhood not under the value of thirty years' purchase money of the stipulated tack duty conform to plans to be submitted to and approved of in writing by the first party or his foresaids or his or their factor the lower floor of which house (excepting cellar floors not occupied for dwellings) shall be at least one foot above the highest surface level of the street or road in front of the premises or of the external ground immediately around the house if the road or street be lower or of such other height above said level as the first party or his foresaids shall fix And the second parties shall be bound to leave such portion of the ground let as the first party or his foresaids or factor may deem necessary for the purpose of a footpath along any street or streets or road or roads that may constitute any boundary of the subjects let and the ground so left shall when required by the first party or his foresaids be formed into a proper footpath with curbstone and stone or brick water channel at the expense of the second parties and their foresaids and afterwards maintained at their sole expense and the front walls and fences shall unless otherwise specially allowed by the first party be of stone ashlar work Further in respect that a footpath has been or is to be formed by the first party along the North East boundary of the said piece of ground the second parties shall as at the date of their Entry pay to the first party the cost of formation of the said footpath so far as bounding said piece of ground at the agreed upon rate of two shillings and sixpence per lineal foot of frontage and the second parties and their foresaids shall thereafter maintain said footpath and free and relieve the first party of all questions with or liability to the Town Council of the Burgh of Wishaw or other Local Authority in respect of the same as well as of all questions and liability in regard to the formation and maintenance of any adjoining roads or streets.

IV. The second parties and their foresaids shall be bound at their own expense to drain the whole subjects let and from within the dwelling house or houses to be erected thereon to lay and thereafter to maintain at their own expense drains for effectively discharging the sewage to the main sewer if there be one in any adjoining street or roadway or if there be no such main sewer then the second parties and their foresaids shall be bound at their own expense to continue and thereafter to maintain their said drains to any point not exceeding one hundred yards from the boundary of the subjects let which the first party or his foresaids may indicate and in respect that a public drain or sewer runs along the South East and South of the subjects let the said Town Council of Wishaw shall be entitled to enter upon the said subjects for the purpose of cleaning or repairing said drain the second parties and their foresaids hereby relieving the first party and his foresaids of all claims of compensation or other questions in connection with any such operations but without prejudice to the second parties right to make or prefer any claim for compensation against the said Town Council in connection with any such operations.

V. The second parties and their foresaids shall not keep nor permit their tenants or the occupiers of the subjects under them to keep an hotel inn or public house or to sell or manufacture on the subjects let any excisable or intoxicating liquors or materials without the annual written permission of the first party or his successors the second party and possessors or tenants under them acting on the contrary shall not only be bound to pay to the first party or his foresaids a rent or tack duty of one hundred pounds sterling for the year or any part of a year in which this condition is infringed and that over and above the tack duty exigible for the year but shall also lose and forfeit their right and interest in and to the subjects leased and the buildings erected or to be erected thereon and the foregoing Lease shall in the option of the first party or his foresaids become extinct void and null without declarator or other process of law to that effect and the first party or his foresaids shall be entitled to enter to the possession of the said piece of ground and the houses and other buildings erected or to be erected thereon in the same manner as if the whole years of the Lease had expired and they shall be entitled to remove the second parties and their foresaids summarily from the possession of the said subjects and to obtain a decree of removing or other warrant necessary for that purpose from the Sheriff of the County within which the said subjects are situated or any judge competent without any warning or premonition whatever.

VI. The second parties and their foresaids shall at all times maintain the houses buildings footpaths flagstones pavements gates drains and fences on the subjects let in a good and tenantable state of repair and the premises in front neat and clean and free from any buildings projection manure filth or nuisance and that to the satisfaction of the first party or his foresaids or the Inspector of Nuisances for the district and the second parties and their foresaids are prohibited (without the written consent of the first party or his foresaids) from carrying on any trade or manufacture or erecting any steam engine or other machinery on the premises which shall be considered or deemed by the first party or his foresaids a nuisance or dangerous to the neighbourhood and when works or manufactures not of an offensive nature are carried on the second parties and their foresaids shall be bound to consume the smoke from engine fires and furnaces according to the latest and most approved plans in practice at the time for that purpose.

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