of the estate to which they
relate, it is the practice for him by the conveyance to acknowledge the
right of the purchaser to production and delivery of copies of such of
them as are not instruments of record like wills or orders of court, and
to undertake for their safe custody. This acknowledgment and undertaking
supply the place of the lengthy covenants to the like effect which were
usual before the Conveyancing Act 1881. A trustee or mortgagee joining
gives an acknowledgment as to documents retained by him, but not an
undertaking. The foregoing outline of a conveyance will be illustrated
by the following specimen of a simple purchase-deed of part of an estate
belonging to an absolute owner in fee:--
THIS INDENTURE made the day of between A. B. of,
&c., of the one part and C. D. of, &c., of the other part WHEREAS the
said A. B. is seised (among other hereditaments) of the messuage
hereinafter described and hereby conveyed for an estate in fee simple
in possession free from incumbrances and has agreed to sell the same
to the said C. D. for L100 NOW THIS INDENTURE WITNESSETH that in
pursuance of the said agreement and in consideration of the sum of
L100 paid to the said A. B. by the said C. D. (the receipt whereof the
said A. B. doth hereby acknowledge) the said A. B. as beneficial owner
doth hereby convey unto the said C. D. ALL THAT messuage or tenement
situate &c., and known as, &c. TO HOLD the premises unto and to the
use of the said C. D. his heirs and assigns [_or_ in fee simple] And
the said A. B. doth hereby acknowledge the right of the said C. D. to
production and delivery of copies of the following documents of title
[_mentioning them_] and doth undertake for the safe custody thereof IN
WITNESS, &c.
It will be observed that throughout the deed there are no stops, the
commencement of the several parts being indicated by capital letters.
The draft conveyance having been approved on behalf of the vendor, it is
engrossed upon stout paper or parchment, and there remains only the
completion of the sale, which usually takes place at the office of the
vendor's solicitor. A purchaser is not entitled to require the vendor to
attend personally and execute the conveyance in his presence or that of
his solicitor. The practice is for the deed to be previously executed by
the vendor and delivered to his solicitor, and for the solicitor to
receive the purchase-money o
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