Reference
Z1278/2/9/3
Title
Copy
1. Opinion of Counsel;
2. Letter from Bedfordshire County Council;
3. Statutory declaration
Date free text
1964
Production date
From: 1929 To: 1964
Scope and Content
Copy
1. Opinion of Counsel;
2. Letter from Bedfordshire County Council;
3. Statutory declaration
1. The Abstracts before me commence with a Conveyance dated the 16th November 1929 made between the Revd. F.F.Hort and J.A.Zair (1) and the said J.A.Zair and N.L.S.King (2). Although this Conveyance is not strictly a Conveyance on Sale, it is nonetheless, in my opinion, a good root title as being "an instrument of disposition dealing with or proving on the face of it (without the aid of extrinsic evidence) the ownership of the whole legal and equitable estate in the property sold" (Williams on vendor and Purchaser, 4th Edition, Vol.1 at p.124): for the legal estate in the property is "dealt with" by the 1929 Conveyance and, since the Conveyance is more than 20 years old, the Recitals "prove" that the whole equitable estate is vested in J.A.Zair and N.L.S.King as therein stated without extrinsic evidence (Section 45 (6) Law of Property Act 1925).
In view of what is said in Paragraph 1 above, I am of opinion that the 1963 Abstract and the 1964 Supplemental Abstract disclosed that Charles Sinfield (Aspley) Limited has a good marketable title to the 2 acres 3 roods and 30 perches of freehold land known as the Football Field, Aspley Heath, subject only to the verification of the Abstracts and the usual pre-completion Searches and to completion of the Conveyance from N.L.S.King and P.M.Sutcliffe to Charles Sinfield (Aspley) Limited. (If no evidence is available of the death of Samuel Mills Slater on the 10th August 1941 and Morris Slater on the 13th March 1958 their places of death will have to be abstracted and their deaths proved by search).
Peter M.Horsfield, Lincoln's Inn 5th March 1964
Note: It was intended (at the date of this Opinion) that the property should be conveyed to Charles Sinfield (Aspley) Limited. In fact, the Conveyance (14th April 1964) was in favour of Charles Drabble Limited.
2. Letter from George Brewis, Secretary to Bedfordshire County Council to Ernest Marchant & Sons, solicitors, of 102 Bletchley Road, Bletchley.
With reference to your letter of the 20th November, I understand from the County Surveyor that the County Council do not maintain the roads coloured blue on the plan which accompanied your letter. The County Surveyor has referred this matter to the Steward of the Bedford Settled Estates who has replied that the Trustees of the Estates have not laid claim to the freehold of these roads neither do they maintain them. He further states that in common with others, the Trustees have for many years made use of these roads and, in his opinion, there is a public right of way for all purposes over them. I return your plan herewith
3. I Noel Leigh Stuart King of the Knoll Aspley Heath in the County of Bedford, school master, do solemnly and sincerely declare as follows:
1. I have lived in the Parish of Aspley Heath and have been a School master at The Knoll School for forty years and upwards.
2. The roadways coloured blue on the plan annexed hereto have during this period been used by the general public with and without vehicles without any objection on the part of anyone of which I am aware
Level of description
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