Auction of George Alfred Filmer Estate - 27th June 1917

Note: Contributed to the record of the Society by Helen & Shaun Sullivan (Bogle).

Cover is Marked "Dr Selby"

Re G.A.FILMER, Deceased

EAST KENT.

TEYNHAM, LYNSTED, DODDINGTON & FAVERSHAM.
IN FAMOUS FRUIT DISTRICT.
Particulars and Conditions of Sale
Of
VERY VALUABLE
Freehold Properties
Which will be offered for Sale by Auction
Messrs. HONEYBALL & FINN
THE SHIP HOTEL, FAVERSHAM,
On WEDNESDAY, 27th JUNE, 1917,
At THREE O'clock in the Afternoon.
IN 13 LOTS.
Particulars and Conditions of Sale to be obtained of Messrs. Honeyball & Finn, Auctioneers and Valuers, Queen Street, Deal (Telephone No. 11, Deal) and of

MESSRS. TASSELL & SON, Solicitors, Faversham.

Minerva Printing Works Deal


GENERAL REMARKS

The properties comprised in this Sale have been divided into convenient lots expressly to suit purchasers wishing to obtain the coveted "Small Holding" in a well-known fruit and agricultural district, and the Arable lands and Orchards are especially suitable for this purpose.
All these are in hand and facilities are given in Clause 3 of Conditions of Sale for immediate occupation after day of Sale of Lots 1, 3, 4, 9, and 11 for the purposes of cultivation.
The Cultivations on the arable fields are included in the Sale. The Wheat and Barley on Bogle Farm Lot 1 and the Hard Fruit in the different orchards are also included in the Sale.
The Vendors reserve to themselves the right to hold a sale of the Live and Dead Stock, Straw, &c., on Lot 1 within 21 days from the 27th instant, and the purchasers of the crop of Cherries are to have reasonable time to finish picking the same if the picking is not finished by day of completion. Any damage awarded for excessive brutting or otherwise to be paid to the purchaser of the Lot at this Sale.
The 1st cut Clover growing on Norton Field near Deerton Street has been sold, the purchaser to cut and clear same by July 26th, leaving the 2nd cut included in this Sale. If he elects to stack the crop at the corner of the field he can do so at his own risk, paying the purchaser of this lot 10 – as a rent for the land used up to Jan 1st, 1918, by which time the stack must be cleared.
The statements as to tithe rent charge on the different lots are believed to be correct.
Plans of the different lots will be produced at the Sale but they are for the purposes of identification only.


Particulars.

Lot 1.

All that EXCELLENT SMALL HOLDING
Known as

BOGLE FARM

In the Parish of LYNSTED, half-way between the Villages of Lynsted and Greenstreet and within a Mile of Teynham Station, S.E. & C.R.
With the OLD FASHIONED FARM HOUSE, now converted into FOUR COTTAGES with Large Gardens, and the
FARM BUILDINGS,
Including BARN, BULLOCK LODGES, STABLES FOR Seven Horses, WAGGON LODGE, PIGGERIES, &c, and
13A. 3R. 28P.
(MORE OR LESS)
OF FERTILE ARABLE LAND AND SMALL ORCHARD.
Now in the occupation of the Executor. The cottages are let at a total Weekly Rent of 15/-.

A
R
P
No. 72
Bogle Field, Arable
12
2
4
No. 73
Orchard, Orchard
0
2
28
No. 74
House, Buildings, Yard
0
2
36
 
13
3
28

* See footnote for modern equivalents for (A)cre, (R)od, and (Perch) as measures of land area.

The Tithe Rent Charge on this Lot is £5 15s 0d
The Growing Crops of about 12½ Acres of Wheat and Barley are included in the Sale.


Lot 2.

BOGLE POND ORCHARD

(CLOSE TO LOT 1)
IN FULL BEARING, and comprising
3A. 1R. 25P.
OF CHERRIES AND HARD FRUIT OF BEST VARIETIES.
The Tithe Rent Charge is as follows. Vicarial £3 12s. 0d. Rectorial £1 4s 6d

[Note: See also Memorandum at foot of this web-page]


Lot 3.

An Enclosure of Arable and Accommodation Land with Two Gardens
And known as

OLD PARK FIELD

Situate in the Village of LYNSTED, with a High Brick Wall abutting Lynsted Street, and containing together
13A. 2R. 6P
(MORE OR LESS)

Schedule:
A
R
P
No. 68
Garden
0
0
26
No. 69
Garden
0
0
26
No. 70
The Old Park
13
0
34
 
13
2
6

* See footnote for modern equivalents for (A)cre, (R)od, and (Perch) as measures of land area.

This Lot is the Site of the Old Mansion and in a high healthy position. Suitable for Site for Building.
The Tithe Rent Charge is as follows: Vicarial 5/6 Rectorial £6 0s. 0d.


Lot 4.

SCHOOL HOUSE FIELD

Situate opposite Lynsted Schools, in the Parish of LYNSTED, with Good Frontage to the main Road leading from Greenstreet to Lynsted, and containing
5A. 3R. 11P.
(MORE OR LESS)
Of EXCELLENT ARABLE LAND. This Lot is close to Lynsted Village and would make a very good site for a single House or for the erection of Cottages. The Tithe Rent Charge is £2 15s. 0d. payable to the Rector.


Lot 5.

VIGO ORCHARD

Planted with Cherries and Hard Fruit in full bearing, adjoining Lynsted Lane, and near to the Village of Greenstreet, and containing
4A. 3R. 17P.
(MORE OR LESS).
This Lot is within a few minutes' walk of Greenstreet village, and only about 15 minutes from Teynham Station.
The Tithe Rent Charge is £2 18s. 6d. payable to the Rector.


Lot 6.

ALL THAT BRICK AND TILED
HOUSE AND BUTCHER'S SHOP

With PREMISES and YARD in the Rear, situate in the Village of Greenstreet, in the parish of Lynsted, and
SMALL ORCHARD,
Containing 2R. (more or less)
As now let to Mr. Frank Filmer, at the annual rent of £40, payable half-yearly, viz: on the 6th day of April and 11th October of each year.
The House is Brick and Tile Built, and contains Good Front Shop, Two Parlours, Kitchen, Scullery, Five Bedrooms, Washhouse and W.C.; Water laid on. There is a cart entrance from the street to the yard in rear. The back premises comprises Brick and Slate Slaughter House, Bullock Pen, 3-stall Stable and Loft over, Ice House, Cart Lodges, etc, with good supply of well water. The orchard forms a valuable asset to this lot, and is approached by road leading from Lynsted lane. The road itself is subject to joint user by adjoining owner. For many years a successful butcher's business has been carried on from this lot, and it is especially adapted for that purpose.
The Tithe Rent Charge has not been legally apportioned but by arrangement with adjoining owners the amount charged on this lot is 6/6.


Lot 7.

All that Very Desirable and Pleasantly Situated
COMMODIOUS
FREEHOLD FAMILY RESIDENCE
NOW KNOWN AS

"THE GRANGE"
AND ORIGINALLY THE VICARAGE OF TEYNHAM.

Brick and Tiled built and situate in the Village of Greenstreet, on Greenstreet Hill, standing well back from the Road and approached by a Carriage Dive, in the parish of Lynsted, and only 10 minutes' walk from Teynham Station.
This House contains good Dining Room, very bright and pleasant Drawing Room with French Windows leading on to the lawn, Breakfast Room, Kitchen, Scullery and Pantry, Larder and Cellar, &c., Six Bedrooms and Dressing Room and W.C. Gas is laid on and there is a good supply of well water.
The Water main of East Kent Water Company runs through the Street opposite and could be laid on at small cost.
THE GARDENS,
Which extend to over Half an Acre, include Front Garden, Tennis or Croquet Lawn, with Ornamental Shrubs, &c, and walled-in Fruit and Vegetable Gardens. The capital Fruit, Garden is well planted with Apples, Plums and Pears.
THE OUT-PREMISES
Include Brick and Tiled Coach-house, Two-stalled Stable with Loft over, harness Room and Wood Lodge and Open Coach-house.
THE SITUATION
is a very pleasant one. Cherry orchards join the back garden, and in blossom and fruit season make a beautiful back ground. "The Grange" was originally the Vicarage House, and with the large garden makes a delightful Family Residence.
Trains to London only take about Two Hours, and there is a regular Motor Service to Faversham and Canterbury, and to Sittingbourne and Maidstone.


Lot 8.

THE VALUABLE PIECE OF ORCHARD LAND

Containing
0a. 3r. 30p.
(More or Less)
Being immediately in the rear of the Teynham Schools, with entrance from the road leading from Barrow Green to Conyer, and a 40 foot Building Frontage to the Main Road leading from Barrow Green to Deerton Street, in the parish of Teynham.
A part of this Lot is let as a Garden to the Managers of the Teynham Schools, at a rent of 30/- per annum, payable at Michaelmas.
The purchaser of this lot is to forthwith provide, erect and maintain a pale fence at least 5 feet in height between this lot and the next of sufficient stability to keep stock in on the boundary as now stumped out.


Lot 9.

All that VALUABLE AND PRODUCTIVE
ORCHARD AND ARABLE FIELD
Situate adjoining the last Lot, and the Teynham Schools, Barrow Green, in the Parish of TEYNHAM, and known as

SCHOOL FIELD

And within a few minutes' walk of Teynham Station, and Sheltered by the Railway bank from the North and East, containing
3a. 0r. 10p.
Of which about 1a. 2r. 0p. Is MOST FRUITFUL ORCHARD.
The Tithe on this lot is payable to Vicar, 12/3.


Lot 10.

All that PROLIFIC ORCHARD,
KNOWN AS

CHURCH'S ORCHARD

Situate close to the Village of Greenstreet, in the Parish of Teynham,
And Containing
10a. 0r. 0p.
(MORE OR LESS)
Together with the WELL-BUILT COTTAGE, known as

WHITEHALL COTTAGE

With GOOD GARDEN AND STABLING, LODGES, &c.
This Lot forms a very desirable and compact Property both from position and character. Only about half-a-mile from Teynham Station it makes the carriage of fruit an easy matter. Whitehall Cottage, with the Buildings, is Let to Mr. Trigg at 8/6 per week. Tithe Rent Charge £5 15s. 9d. payable to Vicar.


Lot 11.

THE RICH ARABLE FIELD
KNOWN AS

NORTON FIELD

Containing
8a. 0r. 24p.
(MORE OR LESS)
Situate abutting the Road leading from Norton Ash to Deerton Street, in the Parish of Teynham. The Tithe Rent Charge, £1 0s. 0d. per annum.


Lot 12.

THE BRICK AND TILE AND SLATE BUILT
HOUSE AND SHOP,
NOW KNOWN AS

6 WEST STREET, FAVERSHAM

With Right-of-way at Side to the extensive buildings, and Large Walled-in Garden at the Rear. In addition to the Shop the house contains: Office, Back Parlour and Kitchen, Four Bedrooms on First Floor and Two Ditto above.
The Premises in the rear include:
STABLES, SLAUGHTER HOUSE OR STORE, LARGE LODGES, &c.
There is a Large and Fruitful Walled-in Garden in addition to the one immediately in the rear of the house
For many years a good butcher's business was carried on from this property. It is now let to Mr Baldock, at the annual rental of £30, payable quarterly.
The Right-of-way is used jointly with the owners and occupiers of the adjoining premises. The upkeep is shared between them.


Lot 13.

THE BRICK AND TILED
HOUSE WITH BUTCHER'S SHOP

And PREMISES at the back,
Together with Good GARDEN and ORCHARD and MEADOW of
2a. 1r. 24p.
Situate in the Village of Doddington, and let to Mr. Horne on a quarterly tenancy of £7 10s. 0d. payable on the 6th Jan, 6th April, 6th July and 11th October of each year.
The House contains, in addition to a Shop, Good Cellars, Three Living Rooms, Pantry and Scullery, and Five Bedrooms.
The Premises include: Slaughterhouse, Two Stalled Stable, Bullock Pen, Lodges, &c. There is a good supply of Well Water and Large Rain Water Tanks.


CONDITIONS OF SALE.

1. The highest bidder for each Lot shall be the Purchaser, and if any dispute shall arise between two or more bidders, the Lot in dispute shall be put up again at the last undisputed bidding. No person shall advance at each bidding less than the sum to be fixed by the Auctioneers and no bidding shall be retracted. The Sale of each Lot will be subject to a reserved price, and to a right for the Vendors to bid either personally or by agents.

2. Every Purchaser shall, immediately after the Sale, pay to the Auctioneers a deposit of £10 percent. on the amount of the purchase-money, and sign an agreement to complete the purchase according to these Conditions.

3. The remainder of the purchase-money of each Lot shall be paid, and the purchase thereof shall be completed on the 27th day of July 1917, at the Offices of Messrs. TASSELL & SON, Faversham (the Vendors' Solicitors), and thereupon the Purchaser shall be let into possession or receipt of the rents and profits. If from any cause whatever other than the wilful default of the Vendors, the purchase-money of any lot shall not be paid on that day, the Purchaser thereof shall pay to the Vendors interest after the rate of £6 per cent. per annum on the remainder of the purchase-money from that day until the actual day of payment. But in any such case the Vendors shall be entitled at their option to retain the rents of the property to the date of completion in lieu of interest. Current rent and outgoings (if any) shall, if necessary be apportioned for the purpose of this Condition, and any money payable by or to the Purchaser on such apportionment shall be paid with or deducted from the purchase-money at the time o1 completion. Each of the Purchasers of Lots 1, 3, 4, 9 and 11 may take possession of the property before the actual completion of the purchase subject to payment by him to the Vendors of interest after the rate of £5 per cent. per annum on the balance of his purchase-money from the date of taking possession up to the day fixed for completion, but such taking possession shall not be deemed to be an acceptance by the Purchaser of the Vendors' title nor a waiver of the right to make requisitions and objections thereon and the Purchaser having so taken possession shall pending completion of the purchase and up to the date fixed for completion keep the property in proper repair and condition and pay all outgoings and expenses in respect of the same and shall in the event of the sale being rescinded forthwith redeliver the property to the Vendors in proper repair and condition without making any claim against the Vendors in respect f his expenditure on the property and the Vendors shall in that event repay to the Purchaser the deposit but without interest thereon.

4. The Title shall commence as to Lots 1, 2, 3 and 4 with an Indenture dated the 18th day of November 1901 as to Lot 5 with an Indenture dated the 23rd day of August 1892; as to part of Lot 6 with the said Indenture of the 23rd day of August 1892 and as to the remainder of the said Lot with an Indenture dated the 24th day of June 1891; as to Lots 8 and 9 with an Indenture dated the 18th day of October 1882; as to lot 10 with an Indenture dated the 4th day of September 1885; as to Lot 11 with an Indenture dated the 16th day of June 1897; as to Lot 12 with an Indenture dated the 3rd day of June 1892 and as to Lot 13 with an Indenture dated the 18th day of October 1900. The several Indentures above named being Conveyances on Sales are to be accepted as good roots of title and no Purchaser shall require the production of, or investigation, or make any requisition or objection in respect of the prior title to any of the Lots whether the same shall appear to be in the Vendors' possession or power or not. All facts matters or things stated or recited in any of the said Indentures shall be conclusively proved thereby and no further evidence thereof shall be required. Any unstamped or insufficiently stamped Document dated on or before the 16th day of May 1888 shall (as the case may require) be properly stamped at the cost in all respects of the Purchaser requiring it.

5. No purchaser shall require any other evidence of the identity of the Lot purchased by him, as described in the Particulars with the property described in the Abstracted Documents, than that afforded by a comparison of the descriptions in the Particulars and Documents respectively, and a statutory declaration, which will be furnished to him if he requires it at his own expense, that the property has been held consistently with the Title shown by the Abstract for the last 12 years.

6. All the said Lots are sold subject to the existing tenancies, and to all Tithe Rent-Charge, Land Tax, Quit, Chief or other Rents, Suits, Services and Reliefs, and to all Easements (if any) affecting the same. Any legal apportionments which shall be required of any Quit or other Rent, Land Tax and Tithe Rent Charge, or other outgoing affecting any Lot in common with any other property shall be made at the expense of the Purchaser requiring the same.

7. The descriptions of the several properties in the Particulars are believed and shall be deemed to be correct, and no objection shall be made or compensation claimed on account of an error of description as to quantity or otherwise should any such be found.

8. All objections and requisitions in respect of the Title, or the Abstract, or the Particulars or anything appearing therein shall be stated in writing and sent to the Vendors' Solicitors within seven days from the receipt of the Abstract. Any objection or requisition not stated and sent within the time aforesaid shall be considered waived, and the Vendors answer to any objection or requisition shall be considered satisfactory if not replied to in writing within four days from the receipt thereof. If any Purchaser shall make any objection or requisition in respect of any of the matters aforesaid, or as to the Conveyance, which the Vendors shall be unable or unwilling to remove or comply with, and shall not withdraw the same within seven days, after being required so to do in writing, the Vendors may be at liberty (notwithstanding any intermediate negotiation or litigation in respect thereof, or attempts to remove or comply with the same) by notice in writing to such Purchaser, to rescind the Sale; in which case the Purchaser shall receive back the deposit and shall return the Abstract of Title and any other papers in his possession belonging to the Vendors, but he shall have no claim on the Vendors for interest, or costs or otherwise.

9. As from the date of Sale, the property comprised in each Lot shall be at the sole risk of the Purchaser thereof as regards loss or damage by fire, the King's Enemies, tempest or other accident, non-occupation or otherwise. But subject to the respective Purchasers obtaining the sanction of the Insurance Company and paying an apportioned part of the premiums from the day of Sale, the Vendors will hold the existing Policies of Insurance on the property in trust for the Purchaser in case the Purchase shall be completed, but the Vendors shall be under no obligation to keep up or renew any Insurance.

10. Upon payment of the remainder of the purchase-money at the time and place aforesaid, the Vendors and all other necessary parties (if any) shall execute to the Purchaser of each Lot a proper assurance thereof, to be prepared by and at the expense of the Purchaser, and the engrossment thereof to be left. by him at the Offices aforesaid, not less than seven days before the said 27th day of July 1917; and the getting in of all outstanding estates, terms and interests (if any) shall be at the expense of any Purchaser requiring the same. The Vendors being Personal Representatives shall not be required to enter into any covenant except such as is implied from conveying in such capacity as aforesaid, and the concurrence of the persons beneficially interested shall not be required.

11. Documents of Title in the Vendors' possession relating to several Lots sold to different Purchasers and to no other property will be delivered to the Purchaser whose purchase-money is the largest, after the sales of all the Lots have been completed, and will in the meantime be retained by the Vendors. The Vendors will, as to all Documents retained by them, whether temporarily under this Condition, or as relating to property not included In this Sale, give to every Purchaser of propr1y to which the same relate the usual Statutory acknowledgment. but not any undertaking for safe custody.

12. If the Purchaser of any Lot shall fail to comply with these Conditions, his deposit-money shall be forfeited to the Vendors, who shall be at liberty to re-sell that Lot, either by Public Auction or Private Contract, with or without notice to the Purchaser at the present Sale, and the deficiency (if any) arising on the re-sale, and all expenses attending a re-sale or attempted re-sale shall be made good by the defaulter at this present Sale, as liquidated damages.

LASTLY. All stipulations, provisions, remarks or statements made or referred to in the annexed Particulars shall be binding and conclusive on the respective Purchasers as lithe same were herein repeated.


ATTACHED: MEMORANDUM FOR SALE OF LOT No.2

At the Sale by Auction made this day of the Property comprised in the within particulars Henry Pilcher of Lynsted Park, Lynsted was the highest bidder for and declared the Purchaser of Lot 2 at the price of £700 - and he has paid to Messrs. Honeyball and Finn as Agents for and on behalf of Mrs Ann Elizabeth Filmer / Percy William Filmer + William Filmer the Vendors the sum of £70 - by way of deposit, and in part payment of the purchase money, and he hereby agrees to complete the purchase according to the within Conditions, and the said Messrs. Honeyball and Finn hereby confirm the said Sale and acknowledge the receipt of the said deposit.

Dated this 27th day of June 1917.

Purchase-money ............................£700
Deposit paid ..................................£ 70
Balance to be paid .........................£630

Abstract of Title to be sent to {Honeyball Finn}


* Footnote on land area measures:-

Sq Pole = 30¼ sq yards [often simply referred to as a Pole or Perch in land measurement]
Rood = ¼ acre = 1,210 sq yards = 40 sq poles
Acre = 4 roods = 10 sq chains = 4840 sq yards = Statute acre [0.40 hectare]

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