Abstract of Deeds to 47 Park Road (1872-1936)

 

Plan attached to 29.10.1864 Deed referring to the purchase of land by John Green Chamberlain

Essex Record Office

 

Extract of 1876 Ordnance Survey Map 'First Edition': Wivenhoe, Elmstead .& Ardleigh Parishes (1:2500, 25 ins to the mile) showing the squarish plot (with marked off sections) to the South of Rebow Road on which 47 Park Road would be later built

 

Extract from the 1897 Ordnance Survey Map showing the squarish plot (without any marked off sections) on which 47 Park Road would later be built

Abstract of the Title for 47 Park Road from a photocopy of a typescript kindly provided by Jane Cole

The condition of this typescript made it difficult to transcribe but it seemed worthwhile persevering with because it filled in a missing piece of the disposal of the Wivenhoe House Estate in the mid nineteenth century. Following the sale of 80 auction plots in 1861 a further tranche of 30 plots was put up for auction in May 1864.

Four plots at the top end of the High Street and junction with what was then Brightlingsea Road but is now Belle Vue Road had been acquired by John Eade the builder from Thomas Harvey in April 1862 following the sale of the Estate. One of these was to become the Park Hotel on the North West corner and another plot became the site of Gothic House a little further down. You can also see on the accompanying plan the New Road where the Almshouses were to be built. It was later called Almshouse Road and is now Rebow Road.

Four other plots were purchased by John Green Chamberlain on 29 October 1864 in the vicinity of Park Road. One of these would become The Nook on the West side of Park Road and two were part of  the squarish parcel of land on which 47 Park Road would eventually be built, lying to the south of Rebow Road on the East side of Park Road.

In January 1872 John Eade appears to be in possession of this parcel of land which twenty years later was described as:

All that piece or parcel of freehold land situate in the parish of Wivenhoe aforesaid and having a frontage to Rebow Road there of 108 feet or thereabouts with a depth of 100 feet or thereabouts.

Unfortunately because this is a copy of a typescript the plan which would have been attached to the original deed is missing. Fortunately however we do have the plan which was attached to the deed dated 29.10.1864 concerning the purchase of land by John Green Chamberlain. This is useful because it shows the whole of the top area of Park Road as it was at that time prior to the building of the Almshouses and The Nook. 

John Eade died in 1879 and by 1887 the parcel was in the hands of his Widow Elizabeth. A year later the parcel was conveyed to James Bogle Delap and in 1892 passed to Joseph Harlow, Master Mariner of Wivenhoe.

Some years later following the death of Joseph Harlow in 1907, and his wife, Sarah Ann in 1911, the parcel was passed down to their daughter Sarah Ann Dines. Then in June 1919 part of the original approximately 100 square foot parcel appears to have been sold separately to Sarah Elizabeth Hook, the wife of Harry Hook of High Street, Wivenhoe described as a Cold Storage Manager. At this point the  parcel is referred to as:

All that piece of land situate in Wivenhoe aforesaid of the width of 30 feet at the North and South ends thereof and of the length of 90 feet abutting towards the East upon Park Road towards the West upon land then or late of J. Harlow upon the South upon land then or late the property of the Vendor and upon the North upon Almshouse Road.

This looks very much like the same section running north to south shown on the earlier 1864 plan which also included a second strip to the south of the squarish plot described as running:

towards the East of the width of Thirty feet upon the said New Road [Park Road] and at the back part thereof towards the West of the width of Twenty eight feet and in length [insert] One hundred and fifty six feet.

It is difficult to follow exactly how and when the property was apportioned as the layout on the 1876 Ordnance Survey Map is ambiguous and although ‘hereditaments’ were referred to in the First and Second Schedule for 1894 and ditto for 1898 only the original blank parcel square is shown on the 1897 Ordnance Survey Map.

To add to the confusion from 20 November 1907 the names of Harry Oliver Rice, Gentleman of Wivenhoe (and Sarah Elizabeth his wife), who also owned The Nook to the West of Park Road, appear on a number of Indentures and Mortgage Agreements (one of which dated 1898 refers to property not the subject of this abstract) and hereditaments ‘sixthly’ described in the Second Part of the First Schedule. A later conveyance of  these ‘hereditaments’ and land was made to Caroline Emma Giles the Wife of Samuel Edward Giles of ‘Beachcroft’ Colchester in the County of Essex Gentleman on 25 March 1920.

However the original square parcel was divided it is clear that Sarah Elizabeth Hook was in possession of that parcel of land which later became the site of 47 Park Road from 1919 – 1936.

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Abstract of the Title of Mrs Sarah Elizabeth Hook to freehold land situate in Park Road, Wivenhoe, Essex dated 1936

Wittey, Denton and Pawsey

28 December 1892

AS TO PART

 BY CONVEYANCE of this date made between James Bogle Delap therein described as of Lillingstone Lovell in the County of Buckingham Esquire of the one part and Joseph Harlow therein described as of Wivenhoe in the County of  Essex Master Mariner of the other part

RECITING by an Indenture dated the 15th November 1888 and made between John Bawtree and Octavius Bawtree both therein described of the one part and the said James Bogle Delap of the other part (inter alia) the hereditaments thereinafter described were conveyed by the said John Bawtree and Octavius Bawtree unto and to the use of the said James Bogle Delap his heirs and assigns by way of Mortgage for securing the sum of £21,000 with interest thereon at the rate therein mentioned on the 20th April then next

AND RECITING agreement for sale at price of £150

IT IS WITNESSED that in consideration of the sum of £150 to the said James Bogle Delap paid by the said Joseph Harlow on or before the execution of abstracting presents (the receipt acknowledged) The said James Bogle Delap as Mortgagee thereby conveyed unto the said Joseph Harlow

ALL THAT piece or parcel of freehold land situate in the parish of Wivenhoe aforesaid and having a frontage to Rebow Road there of 108 feet or thereabouts with a depth of 100 feet or thereabouts and was more particularly delineated in the plan drawn on abstracting presents and thereon coloured pink

TO HOLD the same unto and

TO the Use of the said Joseph Harlow in fee simple

Acknowledgement by said James Bogle Delap of right of said Joseph Harlow to production of the documents of Title specified in the Schedule thereto and to the delivery of copies thereof

The Schedule

19th January, 1872

Indenture of this date made between John Eade of the one part and John Bawtree George Errington John Bawtree Junior and Octavius Bawtree of the other part

13th August, 1887

Indenture of Conveyance of this date made between Elizabeth Eade and William Eade of the one part and the said John Bawtree and Octavius Bawtree of the other part

15th November, 1888

Indenture of this date made between J. Bawtree and O. Bawtree of the one part and the said J. B. Delap of the other part

15th September, 1889

Indenture of this date made between the said J. B. Delap of the one part and Joseph Fell Christy, Sir Thomas Chambers Knight, Henry White Castle and John Scott of the other part

19th July, 1890

Indenture made between the same persons

1892

Indenture made between the said J. F. Christy, J. Scott, Robert Mayne Curtis and William Henry Willans of the one part and the said J. B. Delap of the other part

Executed by the said J. B. Delap and attested

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12 June 1874

By his Will of this date said J. Harlow appointed his wife Sarah Ann Harlow and Benjamin Archer Barr to be Executors thereof and devised and bequeathed all his real and personal estate unto his wife the said Sarah A. Harlow for her own use

15 August 1907

The said J. Harlow died

10 September 1907

The Will of the said J. Harlow proved in the Ipswich District Registry by the said S. A. Harlow and B. A. Barr the executors therein named

19 September 1907

By her Will of this date the said S. A. Harlow appointed said B. A. Barr and William Witten Dines to be Executors thereof and devised and bequeathed all her real and personal estate to her daughter Sarah Ann Dines absolutely 

9 February 1911

The said S. A. Harlow died

10 April 1911

The Will of the said S. A. Harlow was proved in the Principal Registry by the said B. A. Barr and said W. W. Dines the Executors therein named

9 June? 1919

BY CONVEYANCE of this date made between said S. A. Dines therein described as the wife of said W. W. Dines of Constantine Road Colchester in the County of Essex (thereinafter called the Vendor) of the one part and Sarah Elizabeth Hook therein described as the wife of Harry Hook of High Street Wivenhoe in the said County of Essex Cold Storage Manager (therein called the Purchaser) of the other part

RECITING the death of the said J. Harlow his Will and proof thereof as before abstracted 

AND RECITING the death of the said S. A. Harlow her Will and proof thereof as before abstracted 

AND RECITING agreement for sale at the price of £100

AND RECITING certificate as to value of consideration not exceeding £500

It is witnessed that in pursuance of the said Agreement and in consideration of £100 to the Vendor paid by the Purchaser (receipt acknowledged) the Vendor as beneficial owner did thereby convey unto the Purchaser

All that piece of parcel of land comprised in and conveyed by the hereinbefore abstracted Indenture dated 29 December 1892

To hold the same unto and

To the Use of ……..

[here follows a blank section with written in date at side of 24 June 1900 – looks like extremely faint or indecipherable passage]

To hold the same unto and 

To the Use of the Purchaser to the covenants contained in the Indenture of 12th May 1894 mentioned in the Second Schedule thereto so far as the same affected the said Hereditaments

Agreement of Vendor of right of Purchaser to production of Indenture mentioned in the Second Schedule and to delivery of copies thereof and undertaking for safe custody

The First Schedule

All that piece of land situate in Wivenhoe aforesaid of the width of 30 feet at the North and South ends thereof and of the length of 90 feet abutting towards the East upon Park Road towards the West upon land then or late of J. Harlow upon the South upon land then or late the property of the Vendor and upon the North upon Almshouse Road As the said premises were more particularly delineated and coloured pink in the plan drawn thereon

The Second Schedule

Parties 

12th May 1894

1. Arthur Thomas Osborne
2. George Stacey Mills and Henry Harvey Elwes
3. Henry Wadley

1898

1. Henry Wadley 

Short Particulars

Conveyance of (amongst other hereditaments) the hereditaments described in the First Schedule for 1894 and ditto for 1898

Executed by the Vendor and attested 

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20th November 1907

BY INDENTURE  so dated and made between Harry Oliver Rice of Wivenhoe Essex Gentleman of the first part Sarah Elizabeth Rice his Wife of the second part and Frederick Burdge of No. 61 York Mansions Battersea Park in the County of London Leather Merchant and John Wilson Gilbert of the City of Norwich Solicitor of the third part

RECITING (inter alia) seisin of the said H. O. Rice of (inter alia) the hereditaments sixthly described in the second part of the First Schedule subject to the restrictive covenants as to user thereof referred to in the Conveyance to the said H. O. Rice

AND RECITING agreement for loan

It was witnessed that in consideration of the sum of £1,200 paid to the said H. O. Rice by the said F. Burdge and J. W. Gilbert out of moneys belonging to them on a joint account the receipt etc. the said H. O. Rice covenants for repayment thereof with interest and also for payment of interest half yearly

It was also Witnessed that for the consideration aforesaid the said H. O. Rice as Beneficial Owner did thereby convey unto the said F. Burdge and J. W. Gilbert

All the hereditaments comprised in the second part of the said First Schedule

To Hold the same unto and

To the Use of the said F. Burdge and J. W. Gilbert their heirs and assigns subject as to the hereditaments (inter alia) sixthly described to the restrictive covenants before mentioned and subject also to the proviso for redemption therein covenanted 

Proviso for redemption on repayment of principal and interest

Proviso against leading and other usual mortgage provisions

The First Schedule before referred to

Second Part

All that piece of land situate in Wivenhoe aforesaid of the width of 30 feet at the North and South ends thereof and of the length of ninety feet abutting towards the East upon Park Road to the West upon land then or late of J. Harlow upon the South upon land then or late the property of E. B. Juby and upon the North upon Almshouse Road as the said premises were more particularly delineated and coloured pink on the plan drawn on the Conveyance to the said H. O. Rice

Executed and attested 

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7th January 1911

By Indenture of this date made between the said H. O. Rice of the first part the said S. E. Rice of the second part and the said J. W. Gilbert of the third part

Reciting seisin of the said H. O. Rice subject to the last abstracted Indenture

And Reciting agreement for loan

It was witnessed that in consideration of the sum of £300 paid to the said H. O. Rice by the said J. W. Gilbert the receipt etc. the said H. O. Rice covenanted for repayment thereof with interest and also for payment of interest half yearly

It was also witnessed that for the consideration aforesaid the said H. O. Rice as Beneficial Owner did thereby grant and conveyed unto the said J. W. Gilbert

All and singular the hereditaments described in the First Schedule 

To hold the same unto and

To the Use of the said J. W. Gilbert in fee simple subject to the last abstracted Indenture of Mortgage and the sum of £1,200 and interest thereby secured and subject to the proviso for redemption thereinafter contained

Proviso for redemption 

The First Schedule is a  copy of the First Schedule to the last abstracted Indenture of Mortgage

Executed and attested

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25 March 1920

By Indenture of this date made between the said Frederick Burdge and said John Wilson Gilbert (thereinafter called the First Mortgagee) of first part said John Wilson Gilbert (thereinafter called the Second Mortgagee) of second part the said Sarah Elizabeth Rice (thereinafter called the Third Mortgagee) of the third part the said H. O. Rice (thereinafter called the Vendor) of fourth part and Caroline Emma Giles the Wife of Samuel Edward Giles of ‘Beachcroft’ Colchester in the County of Essex Gentleman (thereinafter called the Purchaser) of the fifth part 

Reciting (inter alia) an Indenture of Mortgage dated 15th March 1898 of property not the subject of this abstract and a transfer thereof of the said Mortgage for securing £1,000 and interest

And Reciting the abstracted mortgages of the 20th November 1907 and 7th January 1911

And Reciting agreement for sale

And Reciting that the principal sums of £1,200 £300 and £1,000 were still owing to the first second and third Mortgagees all interest thereon having been paid as they did thereby acknowledge 

It was Witnessed that in consideration of the sum of £1,200 to the first Mortgagee £300 to the second Mortgagee and £1,000 to the third Mortgagee paid by the Purchaser out of moneys belonging to her in her separate estate by the direction of the Vendor (the receipt etc.) and the sum of £250 paid to the Vendor by the Purchaser also out of moneys belonging to her in her separate estate (the receipt etc.) the first Mortgagee and second Mortgagee as Mortgagees as to all the hereditaments thereinafter described by the direction of the Vendor did thereby convey assign and release the third Mortgagee ….. [smudged couple of lines] 

did thereby convey assign and confirm unto the Purchaser

All the hereditaments comprised in the Schedule thereto

To hold the same unto and

To the Use of the Purchaser in fee simple as her separate estate subject as to the hereditaments (inter alia) seventhly comprised in the Schedule thereto to the restrictive covenants before mentioned and discharged as to all the said hereditaments from the principal sums of £1,200 £300 and £1,000 and the interest secured by and all claims under the first second and third Mortgagees of any of them 

Covenant by the Purchaser to observe and perform the said restrictions and stipulations

The Schedule thereinbefore referred to 

(inter alia)

Seventhly All that piece of parcel of land situate in Wivenhoe aforesaid of the width of 30ft or thereabouts at the North and South sides thereof and of the length of 90ft or thereabouts abutting towards the East upon Park Road to the West upon land then or late of J. Harlow upon the South on land then or then late of E. E. Juby and upon the the North upon Rebow Road (formerly known as Almshouses Road) as the  [copy of typescript abruptly ends]

Transcribed by Pat Marsden, July 2021. The photocopied typescript was difficult to transcribe as there were some dates missing in the margins (although some omissions were handwritten in or queried). There were also some very dark, smudged sections, and some almost blank sections where typing could be very faintly seen.

Note:

We also found a reference to the fact that in 1918 Sarah Elizabeth Hook’s husband Harry was noted  as living at ‘Fernbank’, 124 High Street and the rear garden to this property stretched all the way through at this time to Park Road including the parcel described in the above abstract.  Harry Hook J.P. Is also referred to as a member of Wivenhoe Urban District Council. See: https://www.wivenhoehistory.org.uk/content/topics/streets/park-road/nos-124-fernbank-126-westcott