THE CONTRACT is made by and between:
(1) MANORIAL COUNSEL LIMITED, a company incorporated in England and Wales under company number 8464518, and whose registered office is situated at Welton Pumping Station, Watford Road, Welton, in the County of Northampton NN11 2NE (‘the Assignor’); and
(2) THE CLIENT(S) (‘the Assignee’).
- The Assignor has created a new legal right to use the Lordship Title.
- The Assignee wishes to:
- Obtain the right to exclusive use of the new legal right to use the historic Lordship Title, and to permit their heirs and assignees to continue to have use of the said new legal right to the Lordship Title.
- Receive advice on the likelihood that the
- Lordship of the Manor once existed and is currently dormant and the
- Assignee’s use of the new legal right to use the Lordship Title will not be challenged by a party with a provable ownership of the ‘Dormant Lordship Title’.
- Receive independent confirmation of the creation of the right to the exclusive use and Quiet Enjoyment of the new legal right to use the Lordship Title
- The Assignor is willing to provide to the Assignee the services in 2.2 above and defined below in 2.0 all in accordance with the provisions of this Contract and the Conveyance Deed.
In this Contract the following words shall have the following meanings:
1. ‘Deed of Creation’ is a declaration made by the Assignor confirming that the right to Quiet Enjoyment of the new legal right to use the Lordship Title has been created
2. ‘Dormant’ is a dormant Lordship Title that does not have a legally provable owner
3. Dormant Lordship Title’ shall mean the Title (that is believed to be Dormant) that was once used in conjunction with the physical manor and seigniory rights.
4. ‘Fee’ shall mean the sum set out in clause 1.0 below and paid by the Assignee to the Assignor upon the agreeing to this contract in return for the Historical Services. The Fee is inclusive of VAT and the provision by the Assignor of the Title Deeds.
5. ‘Historical Research’ shall mean Historical Research conducted through reasonable and prudent enquiry by the Assignor of numerous manorial records and publications.
6. ‘Historical Services’ means the
6.1 Undertaking of Historical Research
6.2 Use of the Legal Process defined to Counsel
6.3 Provision of a documented history (where possible)
6.4 Provision of a Deed of Creation
6.5 Provision of an independent certification that the right to Quiet Enjoyment of the new legal right to use the historic Dormant Lordship Title has been created
6.6 The granting of the right to use the new legal right to use the Lordship Title
6.7 Publishing of the ownership of the new legal right to use the Lordship Title
7. ‘Legal Process defined to Counsel’ shall mean the unique, rigorous, predictive methodology developed and licenced to the Assignor with the assistance of counsel and employed by the Assignor to assess the likelihood of the Dormant Lordship Title being dormant.
8. ‘Lordship Title’ shall mean the incorporeal right which replicates the Dormant Lordship Title, that it is believed to be dormant, as confirmed by the Historical Research. It does not include any actual land or rights privileges or obligations in relation to land. It is not, within the meaning of the Honours (Prevention of Abuses) Act 1925, a title that is a peerage nor is it a dignity of any description.
9. ‘Quiet Enjoyment’ means that the Assignee acquires the use of the new legal right to use the Lordship Title free from challenge from any lawful owner of the same right.
10. ‘Right’ means the granting of permission by the Assignor to the Assignee to use the new legal right to use the Lordship Title.
11. ‘Title Deeds’ are the set of documents compiled by the Assignor that make up a record of how the Assignee has gained ownership of the new legal right to use the Lordship Title.
NOW IT IS AGREED AS FOLLOWS:
- In consideration of the payment of the Fee including VAT (VAT No. 165 3772 88) received in full, and upon the agreement of this contract, the Assignor HEREBY AGREES to ASSIGN to the Assignee in accordance with the Historical Services the new legal right to use the Lordship Title, subject to the conditions and terms hereinafter set out
- Or 10 equal monthly non-refundable payments, when paid in full, and upon the agreement of this contract, the Assignor HEREBY AGREES to ASSIGN to the Assignee in accordance with the Historical Services the new legal right to use the Lordship Title, subject to the conditions and terms hereinafter set out
- RESEARCH and ANALYSIS
- The Assignor’s research and analysis has ascertained the following so far as is reasonably possible:
- The history of the Dormant Lordship Title as far as it can be reasonably ascertained.
- The last known owner of the Dormant Lordship Title and whether there were any descendants who have used the title so far as can be reasonably ascertained.
- Whether there were any existing manorial documents to the Dormant Lordship Title since its grant or 1189 at the earliest.
- Where there are no documents in existence, the likelihood of title documents to the Dormant Lordship Title
- having survived and
- being correctly executed.
- Whether there are any third parties who are currently using and enjoying the Dormant Lordship Title legally at the time of this agreement.
- Using the Legal Process defined to Counsel in conjunction with the Historical Research the Assignor has provided to the Assignee a reasoned assessment of the likelihood of the Dormant Lordship Title remaining Dormant and an assessment of the prospects of the new legal right to use the Lordship Title being enjoyed by the Assignee.
- The Assignor shall provide a documented history (where available) in the form included in the Title Deeds.
- The Assignor has used reasonable and prudent enquiry to ensure that the Assignee will be the only person to enjoy the new legal right to use the Lordship Title under the right provided by the Assignor.
- ASSIGNEE’S OBLIGATIONS
- To pay the fee to the Assignor upon the agreement of this Contract.
- To behave in an appropriate, honourable way that enhances the value of using a new legal right to use the Lordship Title by the Assignee and other new legal right to use the Lordship Title owners
- Understand that in buying the Lordship Title the Assignee is buying the right of quiet enjoyment for the name style and use of the Lordship Title to include the research used to protect it and be aware that they are not purchasing the original legal right which once existed. The Assignee has had the opportunity to take legal advice upon the same and is happy to proceed with the purchase by entering into this agreement.
- RESEARCH AND INTELLECTUAL PROPERTY
The intellectual property rights to this written Contract, the Deed of Creation, the research, the Legal Process defined to Counsel (purpose and methodology) and any other documentation associated with this Contract and the Conveyance Deed, whether or not provided by the Assignor to the Assignee in performing the Historical Services, shall belong to the Assignor.
- This Contract contains the whole Contract between the Parties and supersedes and replaces any prior written or oral agreements, representations or understandings between them relating to the subject matter of this Contract. The Parties confirm that they have not entered into this Contract on the basis of any representation that is not expressly incorporated into this Contract. Nothing in this Contract excludes liability for fraud.
- Neither party shall have any liability under or be deemed to be in breach of this Contract for any delays or failures in performance of this Contract which result from circumstances beyond the reasonable control of that party.
- The Assignor may transfer all of its rights and obligations under this Contract upon the transfer of its business.
- The Assignee may assign or transfer all of their Rights of Quiet Enjoyment of the new legal right to use the Lordship Title under this Contract to a third party
- Quiet Enjoyment of new legal right to use the Lordship Title can pass by inheritance.
- This Contract shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties other than the contractual relationship expressly provided for in this Contract. Neither party shall have, nor represent that it has, any authority to make any commitments on the other party’s behalf.
- If any provision of this Contract is prohibited by law or judged to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Contract and rendered ineffective as far as possible without modifying the remaining provisions of this Contract and shall not in any way affect any other circumstances of or the validity or enforcement of this Contract.
6. Returns policy A client may ask for a full refund until they signed and returned the conveyance deed. Once a conveyance deed is executed the title will be transferred to the client and the purchase/sale will be irrevocable.