This document details the lease in advance of building what would become 33 and 35 Devonshire Street on the north side of Devonshire Street. Here Edward Urch Vidal leased land to builder James Abbot and set out a series of specifications and covenants. Abbot was illiterate and unable to sign his name.
Vidal had laid out Devonshire Street, Wellington Road, Edward Street and Cornborough Place in 1860: ‘New streets are in the course of formation over eleven acres of ground belonging to Mr Vidal in St John Street, and in the rear of that thoroughfare. One street will run from Polden Street to the railway station yard, and another from the new road to St John Street. These two thoroughfares are being made, and other transverse streets are to be laid out’ Bridgwater Mercury 4 April 1860. It seems to have taken a long time to develop the land around these new streets for housing, given the ten years between laying out and this lease for building.
Transcription
Devonshire Street Dated 10th October 1870 no.35
E.U. Vidal Edq to Mr James Abbott
Lease of a Plot of Ground for Building purposes
Term 1000 years Ground Rent £3 10s 0d
THIS INDENTURE made the 10th day of October 1870 between Edward Urch Vidal of Cornborough in the county of Devon Esquire (hereafter termed the lessor) of the one part and James Abbott of Bridgwater in the county of Somerset builder (hereinafter termed the lessee) of the other part
WITNESSETH that in consideration of the rents and covenants hereafter reserved and contained he the lessor does hereby grant and demise unto the lessee his executors administrators and assigns
ALL THAT plot of land delineated on the plan drawn in the margin hereof and therein coloured pink situated on the northwestern side of a new street in Bridgwater aforesaid called Devonshire street containing the several quantities and bounded in manner set forth on the aforesaid plan together with a foot carriage and driftway over Devonshire street aforesaid and the right to use the sewer under the same street but without any liability on the part of the lessor to repair the same road and sewer
TO HAVE AND TO HOLD the said plot of land and premises hereby demised unto the lessee his executors administrators and assigns for the term of 1000 years to be computed from the day of the date of these presents
YIELDING and paying yearly during the said term unto the lessor his executors administrators and assigns the rent of three pounds ten shillings sterling clear of all deductions whatsoever (except landlord’s income tax on the same rent) the same the said yearly rent to be paid in one sum on the 25th day of December in each year and the first payment thereof to become payable on the 25th day of December 1871
AND ALSO YIELDING and paying yearly during the said term unto the lessor his heirs and assigns the further contingent rent of five pounds sterling clear of all deductions (except landlord’s income tax on the same) for each and every dwelling house beyond two which shall be erected on the said plot of land and premises hereby demised or on any part thereof
AND ALSO a further contingent rent of 15 pounds sterling clear of all deductions (except landlord’s income tax) for each and every dwelling house to be erected on the same plot of land and premises which shall at any time be used for the sale of beer wine malt liquor or spirits such contingent rents respectively to be payable on the first 25th day of December which will happen after either of the events here in before mentioned and to continue henceforth payable yearly on the 25th day of December during the residue of the said term but as the contingent rent or rents payable in respect of the sale of beer or other liquors the same shall be payable during such time only as such sale shall continue and to the end of the current year of the said term
AND the lessee does hereby for himself his executors administrators and assigns covenant with the lessor his heirs and assigns in manner following (that is to say) that he the lessee his executives administrators or assigns will yearly during the set turn hereby granted pay unto the lessor his heirs or assigns the said yearly contingent rents hereby reserved when and as the same respectively shall become payable under the reservations herein before contained without any deduction whatsoever (except for landlord’s income tax on the same)
AND will also pay that rent charge and land tax and all rates taxes assessments and impositions whatsoever whereby whether parliamentary municipal parochial or otherwise which during the said term hereby granted shall be charged assessed or imposed on the said hereby demised premises or on the lessor lessee or occupier in respect thereof
AND will also before the 25th day of December next at his or their own expense under the inspection and the satisfaction of the surveyor for the time being of the lessor his heirs or assigns erect and build with sound materials and in a substantial manner and completely finish on the set hereby demised premises two dwelling houses with suitable offices
AND will expend thereon the sum of 200 pounds at the least and will not afterwards alter the front elevation of such dwelling houses so as to disturb the architectural harmony thereof with the other dwelling houses erected or to those erected in Devonshire street aforesaid without the consent in writing of the lessor his heirs or assigns first obtained
AND will permit the wall of the dwelling house which shall abut against the plot of land adjoining to and on the northeastern side of the premises hereby demised to be used as a party wall by the lessee of such adjoining plot on his paying to the lessee his executors administrators or assigns half of the cost of such party wall.
AND will at his or their own costs build and maintain a boundary wall of brick nine inches thick and four feet high at least above the level of the ground on such portion of the northeastern side of the said plot of land hereby demised
AND shall not be built upon in erecting the eastern most of the aforesaid two dwelling houses and in continuation with the wall of such dwelling house so as to divide the same from the adjoining premises.
AND will at his or their own expense build and maintain all outer walls of the said demise dwelling houses of a thickness of nine inches.
AND will also at his or their own expense make a branch sewer to communicate from the said plot of land hereby demised with the main sewer in Devonshire street aforesaid
AND during all the said hereby granted term will use such main sewer and convey thereto all the sewage of their said demised premises
AND will forthwith pay the sum of 10 shillings for liberty to enter the said main sewer
AND will at all times during the said term pay a proportionate part with other persons using the same of keeping such main sewer in repair to such person or persons as the lessor his executors administrators or assigns shall appoint
AND will also add the like expense before the 25th day of December next put down pavement of best blue lias stone six feet in width on the footpath along the whole front of the plot of land hereby demised against Devonshire street aforesaid
AND will before the said 25th day of December next at his or their own charges obtain and deliver to the lessor his heirs or assigns a certificate under the hand of the surveyor for the time being of the lessor his heirs or assigns that the said dwelling houses with the said offices thereunto and the said boundary wall branch sewer and pavement have been completed in accordance with the covenants herein before contained and to the satisfaction of such surveyor
AND ALSO will at all times at during the said term of his or their own expense repair and maintain the said dwelling houses and offices and the boundary walls thereto belonging
AND ALSO the said branch sewer and pavement herein before covenanted to be laid down and also half of the said street called Devonshire street to the middle thereof so far is the same runs it runs along the frontage of the plot of land hereby demised
AND will at all times during the said turn insure and keep insured in some respectable insurance office the said dwelling houses intended to be erected as aforesaid in the sum of one hundred and fifty pounds at the least and produce to the lessor his heirs or assigns when required the last receipt from the premium of such insurance and will expand all monies to be received under any such insurance in rebuilding or repairing the premises which shall have been destroyed or damaged by fire under the directions and the satisfaction of the surveyor for the time being of the lessor his heirs or assigns
AND that it shall be lawful for the lessor his heirs or assigns and his or their surveyor and agent either alone or with workmen at any time and from time to time during the said term to enter on the set demised premises to view the safe and condition thereof and in case any wont of repair shall be found at any such view that the lessee his executives administrators or assigns will cause the same to be made good within three calendar months after notice in writing from the lessor his heirs or assigns or his or their surveyor or agent for the time being requiring such reparation shall have been left on the said demised premises
AND LASTLY that the said lessee his executors or assigns will not at any time during the said term use nor permit to be used the said demised premises or any part thereof for the sale of intoxicating liquors without the consent in writing of the lessor his executors or assigns first obtained and will not at any time during the said term on the said demised premises carry on or permit to be carried on any trade or business which shall be offensive or nuisance to the neighbourhood provided always
AND it is hereby agreed between the said parties hereto that if the said let’s see his heirs executors administrators or assigns shall at any time before the day hearing before appointed for the completion of the aforesaid buildings or before he shall have delivered a certificate of such completion to hearing before provided commit any breach or breaches of all or any of the several covenants and agreements hearing before on his or their part contained or if at any time after the day of the certified completion of the buildings it shall happen that the said yearly and contingent rents hereby reserved or any part thereof respectively shall be unpaid by the space of 21 days next after the day on which the same shall become due under the reservations herein before contained (although no formal or legal demand shall have been made for payment thereof) and no sufficient distress can be found on the said demised praised whereby to satisfy the rents so in arrear and all expenses attending such distress or if the lessee his executives administrators or assigns shall fail to comply with or perform any or either of the covenants hearing contained on his and their part then or at any time thereafter (such time nevertheless being either within the lifetimes or lifetime of the said parties herein or the survivor of them or within 21 years to be computed from the day of the deceased of such survivor) for all any or either of the causes aforesaid it shall be lawful for the lessor his heirs or assigns into the said demised premises or any part thereof in the same all of the whole to re-enter and the same with the dwelling houses and buildings thereon to have again repossess and enjoy as in his and their first and former estates
AND the lessor for himself his heirs and assigns doth hereby covenant with the lessee his executors administrators and assigns that the lessee his executors administrators or assigns paying the said yearly and contingent rents hereby reserved and performing the covenants herein before contained shall hold and enjoy the said hereby demised premises during the said term hereby granted without any interruption whatsoever by the lessor his heirs or assigns or any person claiming under or in trust for him or them
IN WITNESS whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written
E.U. Vidal
The mark and seal of James Abbott X
Signed sealed and delivered by the within named Edward Urch Vidal in the presence of Edward Dempsey vicar of Abbotsham near Biddeford
Signed sealed and delivered by the within named James Abbott (the same having being first gone over and explained to him by me in the presence of James Coombs Clark to Messrs Poole Folice Bridgwater
