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Conditions of Sale of Freehold Properties.

The highest bidder shall be the purchaser, and if any dispute shall arise as to the last or highest bidder, the lot in dispute shall be put up again at a former bidding. The vendor reserves to himself the right of one bidding for each lot.

No person shall at any bidding advance less than £ for each lot, nor retract his bidding.

Each purchaser shall immediately after the sale pay a deposit in the proportion of £ for every £100 of his purchase-money into the hands of the auctioneer, and sign an agreement for payment of the remainder on the day of next, at the (the vendor’s solicitors), offices of Messrs. at which time and place the several purchases shall be completed. All outgoings will be cleared by the vendor up to that time, and thenceforth the respective purchasers shall be entitled to the rents and profits of their respective lots.

If from any cause whatever the purchase of any lot shall not be completed on the said day of the purchaser, or respective purchasers, of the lot or lots, so appointed shall, before they commence their duty, appoint an umpire by writing, and the decision of such referees if they agree, or such umpire if they disagree, shall be final. In case either party shall neglect or refuse to appoint a referee within the time specified, the referee appointed by the other party shall make a final decision alone.

Lastly. If any purchaser shall neglect or fail to comply with the above conditions, his deposit-money shall be paid to and retained by the vendor as liquidated damages, and he shall be at full liberty to resell the lot or lots purchased by such person either by public auction or private contract, at such time and place, subject to such conditions, and in such manner, as he shall think fit, and the deficiency in price (if any) which shall happen on such second sale, and all expenses attending the same, shall immediately after such second sale be made good and paid to the vendor by the defaulter at this present sale; and in case of non-payment thereof, the whole, or such part thereof as shall not be paid, shall be recoverable by the vendor as and for liquidated damages, and it shall not be necessary for the vendor previously to tender a conveyance to the purchaser or purchasers respectively making default.

shall be without prejudice to the right of the vendor to enforce the contract.

The abstracts of title to the several lots shall begin as follows (that is to say): as to about
day of

The covenant against incumbrances in this conveyance extends to claims and demands of a lady as the widow or under the will of her husband then deceased, respecting which claims and demands the vendor can give no information. As to the remainder of lot 1, formerly copy-hold of the manor of , but enfranchised in the year
day of

the abstract of the copy-hold title shall begin with a surrender and admittance dated the part of lot 1, with a conveyance to a purchaser dated the
day of,

and the abstract of the freehold title with the deed of enfranchisement, dated the .

About two poles of this part of lot 1 were enclosed from the lord’s waste, and previously to the aforesaid surrender and admittance, but at the same court was granted with the consent of the Homage, to hold by copy of court-roll; no objection shall be raised on this ground, nor shall the vendor be required to show & special custom to make such a grant. 2, formerly common or waste ground, And as to lot and sold in by the Commissioners of the Inclosure Act, the abstract shall begin with the Commissioners’ acknowledgment of the receipt of the purchase- money, dated the day of , which shall be accepted as sufficient evidence of the directions of the Inclosure Act having been complied with, and of the fee simple having passed to the purchaser discharged from all other common and other rights.

so appointed shall, before they commence their duty, appoint an umpire by writing, and the decision of such referees if they agree, or such umpire if they disagree, shall be final. In case either party shall neglect or refuse to appoint a referee within the time specified, the referee appointed by the other party shall make a final decision alone.
Lastly. If any purchaser shall neglect or fail to comply with the above conditions, his deposit-money shall be paid to and retained by the vendor as liquidated damages, and he shall be at full liberty to re- sell the lot or lots purchased by such person either by public auction or private contract, at such time and place, subject to such conditions, and in such manner, as he shall think fit, and the deficiency in price (if any) which shall happen on such second sale, and all expenses attending the same, shall immediately after such second sale be made good and paid to the vendor by the defaulter at this present sale; and in case of non-payment thereof, the whole, or such part thereof as shall not be paid, shall be recoverable by the vendor as and for liquidated damages, and it shall not be necessary for the vendor previously to tender a conveyance to the purchaser or purchasers respectively making default.

which the abstract is to begin, by the grantor in that conveyance, his title to the land at the date of the certificate shall not be questioned (a).

The expense of the production and inspection of all deeds, court-rolls, evidences and muniments of title not in the possession of the vendor, and the expense of all journeys and all other expenses incidental to such production or inspection, and the expense of searching for, procuring, and making of all certificates, attested, certified, stamped, office, or other copies or extracts of or from any registers, court-rolls, deeds, wills, awards, grants, or other documents, and of all declarations or other evidences, whether required for the verification of the abstract, or for any other purpose, shall be paid by the respective purchasers requiring the same, by whom also shall be borne the expense of registering in Middlesex (if required) all deeds or other documents not appearing to be already registered there.
Every certificate, evidence, deed, or document, which is in the vendor’s custody shall be produced; but to prevent delay and expense every evidence or verification that a purchaser may require for any purpose whatever, of or as to any deed, document, fact, or circumstance, which, or the evidence as to which, may not be in the vendor’s custody, that may have been executed, or have happened or taken place 20 years since, or which may be recited, or mentioned, or may be inferred to have happened or taken place for that period, shall be procured or obtained by the purchaser
(a) These special conditions are given in order to show the mode in which facts and circumstances connected with the title of a similar kind should be stated, though, of course, all or many of them are not likely to occur together in any particular case.

LAND CONTRACT.
CLAUSE FOR INSERTION IN LAND PURCHASE CONTRACTS, WHERE
RIGHTS RESTING ON ADVERSE USE ARE TO BE PURCHASED.
It is understood that as to a portion of the right of way proposed to be conveyed the right of the vendor is not evidenced by formal deed of conveyance, but rests upon uninterrupted and undisputed possession and user for at least….. .*years, and
the price to be paid having been fixed in view of this condition, a conveyance of all claim or right the vendor may have is to be considered and accepted as compliance with the provisions of this contract as to the portion of the right of way so held.
*This period should not be less than statutory period for acquiring title to real property by adverse possession.