How Will a Covenants Read on My Deed
Deed of covenant for the production of title deed
When a large estate was broken into smaller landholdings and sold off piece by piece, a question arose equally to who should retain the older title deeds relating to the whole estate, which were needed in guild to prove championship.
The solution normally adopted was that the seller retained the original act bundle, simply made a covenant (agreement) with the purchaser. Should in that location ever be a need to bear witness title, the seller would produce copies of the title deeds for the lawyers to look at, and would also keep the originals prophylactic and exist able to produce them if required.
In many cases, the covenant formed part of the master deed of conveyance. However, from the mid-eighteenth century until the 1870s it became more usual to produce a separate deed of covenant, usually made on the same date every bit the conveyance.
Deeds of covenant to produce championship deeds usually include a schedule of the relevant championship deeds, which can exist invaluable for researchers if the original act bundle has actually been lost over the years.
Purpose
A promise to guarantee championship to country which has been sold.
Features of deeds of covenant
-
16th-19th centuries
- large, rectangular
- written on parchment
- unremarkably written in English
- indenture (wavy top edge)
- schedule of title deeds
- seal
Important words and phrases
The most of import phrase to help identify a covenant is:
...do covenant promise and agree
At that place is usually a nominal consideration for the agreement, e.g. 10 shillings.
Example
Ne half dozen D 2/31/20 - Deed of covenant from William Cobb to Henry P.F. Pelham-Clinton, quaternary Duke of Newcastle under Lyne for the production of title deeds; 2 Sep. 1817
This transcription of the act of covenant has been broken down into the standard sections common to most deeds from the early modern period onwards.
Date
This Indenture made the 2nd day of September in the year of our Lord one thousand eight hundred and seventeen
Parties
Between William Cobb of East Markham in the county of Nottingham Farmer of the one part and The Virtually Noble Henry Pelham Duke of Newcastle Knight of the most noble gild of the Garter of the other office
Recitals
Whereas by indentures of lease and appointment and release the charter begetting date on the twenty-four hours side by side before the twenty-four hours of the date of the date and release and the appointment and release begetting or intended to carry even date with these presents and fabricated or expresed to be made between Leonard Norfolk of East Drayton in the said County of Nottingham Farmer of the first part William Nicholson of Dunham in the said Canton of Nottingham Farmer of the second part and the said Henry Duke of Newcastle of the third part For the considerations in the said indenture of appointment and release expressed The said Leonard Norfolk Did straight limit and appoint and also grant bargain sell alien release ratify and ostend and the said William Nicholson Did bargain sell and release unto the said Henry Duke of Newcastle his heirs and assigns All that messuage dwellinghouse or tenement situate standing and being in the parish of East Markham in the said County of Nottingham with the yard garden stable dovecote cowhouse and goods thereunto adjoining and belonging And Also All that close piece or parcel of inclosed land or ground situate lying and existence in Due east Markham aforesaid called or known past the name of the Howgates Shut containing past estimation three acres (be the aforementioned more or less) And Too All that other close piece or parcel of inclosed country or ground likewise situate lying and being in the parish of Due east Markham aforesaid and chosen or known by the name of the Howgates close containing six acres and vi perches (exist the aforementioned more or less) which said messuage closes and premises were or are bounded respectively on or towards the west by the great Northward road on or towards the northward by an manor belonging to the said Duke of Newcastle and on or towards the east and s by lands of the said Duke of Newcastle and were then in the tenure or occupation of the said Leonard Norfolk Together with the rights members and goods to the same hereditaments and premises belonging or appertaining To agree the aforementioned unto and to the use of the said Henry Duke of Newcastle his heirs and assigns for always And whereas the deeds evidences and writings comprized or mentioned in the schedule hereunder written are in the custody and possession of the said William Cobb and relate not only to the championship of the said messuage or tenement closes lands and hereditaments so appointed and conveyed to the said Henry Duke of Newcastle as aforesaid but also to the title of other hereditaments the estate of the said William Cobb and the said William Cobb at the asking of the said Henry Duke of Newcastle hath agreed to enter into the covenant for the production thereof unto or for the said Henry Duke of Newcastle his heirs or assigns as hereinafter is contained
Operative Parts or 'Testatum'
Now this Indenture Witnesseth that in consideration of the premises And also for and in consideration of the sum of x shillings of lawful money of Great United kingdom of great britain and northern ireland to the said William Cobb paid by the said Henry Duke of Newcastle at or before the execution hereof The receipt whereof is hereby acknowledged He the said William Cobb for himself his heirs executors and administrators doth hereby covenant promise and agree with and to the said Henry Knuckles of Newcastle his heirs and assigns that he the said William Cobb his heirs and assigns (unless prevented by Fire or some other inevitable accident) shall and volition from time to fourth dimension and at all or any fourth dimension or times hereafter upon every reasonable request in writing to him or them made for that purpose and at the proper costs and expence of the said Henry Duke of Newcastle his heirs or assigns Produce and shewforth or crusade and procure to be Produced and shewnforth in any part of the united kingdom of great britain and northern ireland of Great Uk and Ireland to the said Henry Duke of Newcastle his heirs or assigns or to his and their or whatsoever of their Counsel agents or attornies or at whatever trial hearing commission or examination in or directed by any court or courts of law or equity and to any arbitrators lawfully authorized or upon whatsoever other fit and reasonable occasion All and every or any of the deeds evidences and writings which are comprized in the Schedule hereunder written or hereunto annexed And too all other deeds evidences and writings (if any not being of recors) which relate to or concern the said messuages closes lands and premises or any part thereof together with other other hereditaments and premises of equal or greater value which now are or future may be in the custody or lawful power of him the said William Cobb his heirs or assigns or which he they or whatever of them tin can obtain without suit at law or in equity when and as often and in such manner as shall be requisite for the maintenance manifestation defending or proving the estate interest right title property or possession of him the said Henry Knuckles of Newcastle his heirs or assigns in or to the said messuage closes lands and premises comprized in and appointed or conveyed or mentioned or intended to be appointed and conveyed by the hereinbefore mentioned or recited indentures of charter and appointment and release or any role thereof respectively and also shall and will from time to time and at all times hereafter at the like request costs and charges of the said Henry Duke of Newcastle his heirs or assigns make or cause to be made and delivered to him or them such true and attested copies (duly stamped) of the same deeds and evidences respectively or of whatever of them as he or they may require and shall and will in the mean fourth dimension keep the said deeds evidences and writings condom whole uncancelled and undefaced (loss or impairment past Fire or other inevitable accident only excepted)
Witnesses
In Witness whereof the said parties to these presents have hereunto prepare their hands and seals the day and year first higher up written.
[Signature and seal of Wm Cobb]
Endorsements
The Schedule to which the above written Indenture refers [List of 6 deeds and documents covenanted to be produced]
[On the dorsum: signatures of 2 witnesses]
Side by side page: Grant or Conveyance
Manuscripts and Special Collections
Kings Meadow Campus
Lenton Lane
Nottingham, NG7 2NR
telephone: +44 (0) 115 951 4565
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email: mss-library@nottingham.ac.uk
Source: https://www.nottingham.ac.uk/manuscriptsandspecialcollections/researchguidance/deedsindepth/freehold/deedofcovenant.aspx
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