1956 – Storer Charity Agreement

Similar to the agreement with the Trustees of the Storer Charity in 1916, the firm entered into another agreement[1] with same charity in 1956. This time for a new window inserted into the western end of showroom on the south side:

 

Showroom Window inserted c. 1956. The metal fence delineates the boundary between the factory site and the allotment gardens

THIS AGREEMENT is made the third day of March One Thousand Nine hundred and Fiftysix BETWEEN The Trustees for the time being of the Charity known as John Storer’s Charity in the borough of Loughborough in the County of Leicester by their Clerk Frank Henry Toone of 80 81 and 82 Wood Gate Loughborough in the said County of Leicester Solicitor duly authorised to enter into this agreement on their behalf (hereinafter called “the Landowner”) of the one part and Messenger and Company Limited aforesaid by their agent Frederick Gifford Maclean Burder a director of the said Company duly authorised to enter into this agreement on its behalf (hereinafter called “the Factory Owner”) of the other part

WHEREAS :-

  1. The Landowner is seised in fee simple in possession free from incumbrances of ALL THOSE pieces of allotment gardens situate in Cumberland Road Loughborough aforesaid a portion whereof is shown and marked “Storer’s Charity Allotments” on the plan annexed hereto being on the southern side of certain Factory Premises belonging to the Factory Owner hereinafter mentioned
  2. The Factory Owner is seised in fee simple in possession free from incumbrances of an adjoining piece of land and factory premises Which with the abuttals and boundaries thereof are shown on the said plan thereon partly surrounded with pink verge line a show room in the said factory premises being shown thereon and having a window to the south overlooking the said allotment gardens of the landowner in the position and with dimensions shown in the said plan

Showroom Window inserted c. 1956. The metal fence delineates the boundary between the factory site and the allotment gardens

NOW IT IS HEREBY AGREED as follows :-

  1. The landowner shall abstain from interfering with or obstructing the free access and enjoyment of light over its said land to and for the said window so long as this agreement shall continue in force
  2. The Factory Owner hereby admits that it has no right to the access of light over the said land of the Landowner in respect of the said window and that the enjoyment thereof the Landowner in respect of the said window and that the enjoyment thereof has hitherto been on sufferance

     

    Showroom Window inserted c. 1956
  3. The Factory Owner shall pay to the Landowner the sum of One shilling per annum on the First day of January in each year (if demanded) as an acknowledgement that its enjoyment of the access of light is not as of right but by permission of the Landowner only PERMITTED that the failure of the Landowner to demand or of the Factory Owner to make such payment from time to time hereafter shall not operate to the prejudice of the Landowner or be deemed to be an admission on its part that the said light is being enjoyed or has been enjoyed otherwise that by its permission under this agreement
  4. This Agreement shall remain in force until determined by twelve calendar months previous notice given in writing to that effect given either by the Landowner to the Factory Owner or by the Factory Owner to the Landowner
  5. This agreement shall ensure for the benefit of and likewise be a burden upon the said land of the Landowner and the said premises of the factory owner and the terms and provisions hereof shall be construed accordingly and this Agreement shall be deemed to be an agreement within the meaning of the Prescription Act 1832 Section 3[2] and to preclude the prescriptive acquisition of a right of light in respect of the said window over the said land of the Landowner under the said statute or otherwise

References:

  1. Leicestershire Record Office ref: DE2121/277.
  2. Prescription Act 1832 Section 3:
    Claim to the use of light enjoyed for 20 years.
    When the access and use of light to and for any dwelling house, workshop, or other building shall have been actually enjoyed therewith for the full period of twenty years without interruption, the right thereto shall be deemed absolute and indefeasible, any local usage or custom to the contrary notwithstanding, unless it shall appear that the same was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing.