Deed of exchange between two adjoining owners to secure mutual rights of lights and way and straightening boundaries—money paid for equality of exchange
Date
___________________________________________________________________________
(hereinafter called the first party)
And
___________________________________________________________________________ (hereinafter called the second party)
WHEREAS:
(1) The first party is seized as an absolute owner in possession free from encumbrances of all that piece of land more fully described in Part I of the schedule “A” hereto and coloured [pink] on the plan annexed hereto together with the piece of land and the buildings thereon adjacent to the former piece of land also described in Part II of the Schedule “A hereto and coloured [green] on the said plan and including the private road to the said buildings which runs across the said piece of land coloured [pink] as shown by the dotted lines on the said plan from the point marked A to the point marked B
(2) The second party is seized as an absolute owner in possession free from encumbrances of all that piece of land more fully described in the Part I of the Schedule “B” hereto and coloured [yellow] on the said plan together with the piece of land and the buildings thereon adjacent to the former piece of land also described in Part-II of the Schedule “B” hereto and coloured [brown] on the said plan and including the private road to the said buildings which runs across the said piece of land coloured [yellow] as shown by the dotted lines on the said plan from the point marked C to the point marked D.
(3) The first party and second party with a view to straightening and adjusting the common boundary of their respective properties have agreed to effect such exchange as is hereinafter contained of the said pieces of land coloured (pink] and [yellow] respectively on the said plan and to fix a new boundary in manner hereinafter appearing and upon the treaty for the said exchange it was also agreed that the second party should pay to the first party the sum of Rs............ for equality of exchange and that the first party and the second party should grant to each other and reserve such rights of way and of light as are hereinafter described in manner hereinafter appearing.
NOW THIS DEED WITNESSETH as follows:
1. In consideration of the conveyance hereinafter made by the second party to the first party and also of the said sum of Rs............ paid by thesecond party to the first party for equality of exchange (the receipt whereof the first party hereby acknowledges) the first party as beneficial owner hereby conveys unto the second party all that the piece of land containing an area of.............. or thereabouts as fully mentioned and described in the Schedule “A” hereto and coloured [pink] on the said plan hereto annexed TO HOLD the same unto the second party absolutely and forever free from all encumbrances subject nevertheless to such reservations to him the first party as are hereinafter contained.
2. In consideration of the conveyance hereinbefore made by the first party the second party as beneficial owner hereby conveys unto the first party all that the piece of land containing an area of.............. or thereabouts more fully mentioned and described in the schedule “B” hereto and coloured [yellow] on the said plan hereto annexed TO HOLD the same unto the first party absolutely and forever free from all encumbrances subject nevertheless to such reservations to him the second party as are hereinafter contained.
3. provided nevertheless and it is hereby agreed and declared as follows:
(1) The conveyance hereinbefore made to the second party shall be subject to the reservation of the full right and liberty for the first party and his successors-in-title the owners and occupiers for the time being of the said land and buildings coloured [green] on the said plan annexed hereto or any part thereof and their respective servants and licensees (in common with the second party and all others having the like right) at all times hereafter by day or night with or without vehicles of any description and with or without animals for all purposes connected with the use and enjoyment of the said land and buildings but not for any other purpose whatsoever to pass and repass along the said private road which runs across the said piece of land coloured [pink] as shown by the dotted lines on the said plan from the point marked A to the point marked B;
(2) The conveyance hereinbefore made to the first party shall be subject to the reservation of the full right and liberty for the second party and his successors-in-title the owners and occupiers for the time being of the said land and buildings coloured [brown] on the said plan annexed hereto or any part thereof and their respective servants and licensees (in common with the first party and all others having the like right) at all times hereafter by day or night with or without vehicles of any description and with or without animals for all purposes connected with the use and enjoyment of the said land and buildings but not for any other purpose whatsoever to pass and repass along the said private road which runsacross the said piece of land coloured (yellow] as shown by the dotted lines on the said plan from the point marked C to the point marked D;
(3) The conveyance hereinbefore made to the second party shall be subject also to the reservation unto the first party and his successors-in-title of the full right to the uninterrupted access and enjoyment of light and air at all times hereafter over and across the said piece of land coloured [pink] on the said plan annexed hereto to the buildings of whatever height and in whatever position they may be placed which now stand or shall hereafter (but not later than the expiration of the period of ninety-nine years from the date hereof which shall be the perpetuity period applicable hereto) be erected or stand on the land of the first party coloured [green] on the said plan or any part thereof and to all windows or apertures now existing or which may from time to time (but not later than the expiration of the said period) be made in any such buildings notwithstanding that the said buildings and windows and apertures may from time to time (but not later than the expiration of the said period) be altered in position height or otherwise;
(4) The conveyance hereinbefore made to the first party shall be subject also to the reservation unto the second party and his successors-in-title of the full right to the uninterrupted access and enjoyment of light and air at all times hereafter over and across the said piece of land coloured [yellow] on the said plan annexed hereto to the buildings of whatever height and in whatever position they may be placed which now stand or shall hereafter (but not later than the expiration of the period of ninety-nine years from the date hereof which shall be the perpetuity period applicable hereto) be erected or stand on the land of the second party coloured [brown] on the said plan or any part thereof and to all windows or apertures now existing or which may from time to time (but not later than the expiration of the said period) be made in any such buildings notwithstanding that the said buildings and windows and apertures may from time to time (but not later than the expiration of the said period) be altered in position height or otherwise. 4. And it is hereby further agreed and declared that the boundary line between the respective properties of the first party and second party shall henceforth run as indicated by the dotted lines marked on the said plan annexed hereto between the points E and F and the points G and H.
5. The Second Party hereby acknowledges the right of the First Party to production of the documents specified in the Schedule “C” hereto and to delivery of copies thereof and undertakes with First Party for the safe custody of the same.
Exchange-Forms
SCHEDULE”A” ABOVE REFERRED TO :
PART I
PART II
SCHEDULE—”B” ABOVE REFERRED TO :
PART I
PART II
SCHEDULE “C” ABOVE REFERRED TO:
PART I
[Documents of title retained by first party]
PART II
[Documents of title retained by second party]
IN WITNESS etc.
[Signatures of both parties]
