Creation of Kemnal Road
Indenture dated 13 December 1873
This indenture made the thirteenth day of December one thousand eight hundred and seventy three between the Right Honourable John Robert Viscount Sydney of the one part and Samuel Bayley Verney Asser of High Elms Beadonwell on the County of Kent of the other part. Whereas the said Viscount Sydney is entitled to the strip of land hereinafter particularly described for an estate of inheritance in fee simple in possession free from incumbrance.
And Whereas the said VS contracted with the said SBVA to grant to him a right of way of the width of forty feet over and along the said strip of land hereinafter particularly described in exchange for a grant to him by the said SBVA of a piece of wood land called Partridge Shaw containing five acres two roods and four perches situate at Chislehurst…….and whereas by an indenture bearing even date herewith and expressed to be made between the said SBVA of the first part and the said VS of the second part, and Reginald Augustus Warren of the third part the said piece of woodland called Partridge Shaw was granted and assured by the said SBVA unto uses in favour of the said VS……
Now this indenture witnesseth that in pursuance of the said agreement and in consideration of the premises he the said VS doth hereby grant unto the said SBVA….that it shall be lawful for the said SBVA his heirs and assigns and his and their agents and servants and all and every other persons or person by his or their appointment or permission from time to time and at all times for ever hereafter at his and their respective will and pleasure by day and by night and for all purposes to go return pass and repass with horses carts and carriages laden or unladen and also to drive cattle and other beasts in through along and over the strip of land of the width of forty feet delineated on the plan drawn on the back of these presents and therein colored yellow.
And the said SBVA doth hereby for himself his heirs executors administrators and assigns covenant with the said VS his heirs and assigns that he the said SBVA his heirs or assigns will at his and their own costs and charges before using the said right of way fence off the said strip of land from the adjoining land throughout the whole distance shown on the said plan with neat oak posts and rails known as fourrails and will make and fix two gates one to open from each side of the said strip of land into the wood lying on both sides thereof and will make and fix one gate to open from the said strip of land into each of the fields lying on either side thereof as shown on the said plan.
And also will at the like cost on or before the first day of January one thousand eight hundred and seventy five lay out and make a good and substantial road on the said strip of land and at his and their own cost and charges keep and maintain the said fences and road in proper and substantial repair from time to time and all times hereafter until he or they shall be discharged from his or their liability under this covenant by the covenant on the part of the said VS his heirs executors administrators and assigns next hereinafter contained coming into operation.
And the said VS doth hereby for himself his heirs executors administrators and assigns covenant with the said SBVA his heirs and assigns that if and when he the said VS his heirs or assigns shall grant or agree to grant any of the said land lying on either side of the said strip of land for building purposes he or they will thenceforth from time to time and all times keep and maintain in proper and substantial repair the said fences and road throughout the whole distance between the road leading from London to Sidcup and the north end of the said land so granted or agreed to be granted for building purpose and thereupon the liability of the said SBVA his heirs executors administrators and assigns under the last preceding covenant on his and their part shall absolutely cease and determine as to the fences and road between the said Road leading from London to Sidcup and the north end of the said land so granted or agreed to be granted for building purposes.
Provided always and it is hereby agreed that if at any time hereafter the proper authorities in the said Parish of Chislehurst shall be willing to take and shall take the said road as a Public Road for the use of the public the said VS will at the costs in all things of the said SBVA his heirs or assigns take all necessary steps and do all necessary acts for dedicating the road to the use of the public and upon and immediately after such dedication the liability of the said SBVA his heirs and assigns under these presents shall absolutely cease and determine.
And the said VS doth hereby for himself his heirs executors and administrators covenant with the said SBVA his heirs and assigns that notwithstanding anything by him the said VS done omitted or knowingly suffered he the said VS now has full power to grant all the easements and privileges hereinbefore expressed to be hereby granted and that the said easements and privileges hereinbefore expressed to be hereby granted in and over the said strip of land shall be at all times quietly exercised and enjoyed by the said SBVA his heirs and assigns accordingly without any interruption or disturbance by him the said VS or his heirs or any person claiming through or in trust for him them or any of them and that free and discharged from or otherwise by him the said VS his heirs executors or administrators sufficiently indemnified against all estates incumbrances claims and demands created occasioned or made by the said VS or any person claiming through or in the trust for him.
And further that he the said VS and his heirs and every person having or claiming any estate right title or interest in or to the said premises through or in trust for him the said VS or his heirs will at all times at the cost of the said SBVA his heirs or assigns execute and do every such assurance and thing for the further or more perfectly assuring unto the said SBVA his heirs or assigns such easement and privileges in and over the said strip of land and are hereinbefore expressed to be hereby granted as by the said SBVA his heirs or assigns shall be reasonably require.
In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.
Signed Viscount Sydney and Samuel Asser
(Taken from an original document held at the Kentish Studies library, Maidstone)