Description

Part 14 of 59, (pages 159-160), agreement for constructions of workers houses, Pumpherston 1902

See index of all sixty leases and agreements contained in this volume.

Access to ground not feued --- Pumpherston

Dated 14th to 17th October 1902 Reg'd 20th October 1902

Minute of agreement between Charles Gibson McLagan Esquire heir of entail in possession of the estate of Pumpherston on the one and first part, and The Pumpherston oil company limited incorporated under the companies acts 1862 to 1880 and 1883 on the other and second part. Whereas the second parties applied to the first party for a feu for the erection of workmens houses of a piece of ground in Paris of Mid Calder to the east of a feu already held by the second parties and between the same and the mill dam and the first party agreed to grant the same on condition that or proper access was reserved or secured to his other feuing ground to the north thereof and whereas the second parties offered to give such access through and by the aftermentioned street formed by them in their original feu. Therefore the parties hereto have agreed and hereby agree as follows:- . . .

First

. . . The said The Pumpherston oil company limited hereby grant to the said Charles Gibson McLagan his heirs and successors in the said lands and estate of Pumphertson the right and privilege of access and passage along the road or street immediately to the south of the public school and running from the Mid Calder and Uphall road eastward to the ground of the first party through the feu of the second parties held under feu charted granted by Peter McLagan Esquire of Pumpherston M.P in their favour dated twenty second June and recorded in the division of general register of sasines applicable to the county of Edinburgh on eleventh July eighteen hundred and eighty nine and that always as an access and passgae for pedestrian cart and other traffic to the adjoining ground on the east of the ground under said feu charter and also on the north thereof within a line four hundred feet or thereby to the north of the north boundary of the ground feued under said feu charter to be granted by the first party to the second parties under the second article herof for the use of the first party and his successors and his or their tenants and feuars: . . .

Repairing of roadway

. . . But declaring that the party or parties using said road or street for cart or other vehicular traffic for the erection of buildings on said adjoining ground shall be bound to repair all damage or injury done to said road or street thereby and to restore said road or street to as good a state of repair as it was before its use for such traffic; and also that the said road or street shall not be used as an access to any works or works on said adjoining ground or for any traffic other than the ordinary foot and cart traffic to dwelling gouses or farm steadings and in the event of the said road or street being otherwise used the for such foot and cart traffic or of the said road or street not being restored to a proper state of repair as above provided after being used for traffic for the erection of buildings on said adjoining ground then and in either of these cases the right of access hereby granted shall in the option of the second parties or their successors ipso facto cease and determine. . . .

Second

. . . On the other hand the first party agrees to grant to the second party the feu charter they desire of the ground on the east to the mill dam extending to three quarters of an acre.

Third

. . . Both parties consent to registration for preservations and publication: In witness whereof.