Dated 6th Sept. 1946 The Personal
Representatives of Emmeline Venus deceased
Miss Edith Emily Venus
Of a messuage and premises known as Sheppey View, Sea Wall, Whitstable, Kent.
(Pencilled on front ...Maylam and Maylam Canterbury)
THIS CONVEYANCE made the Sixth day of September One thousand
nine hundred and forty six
BETWEEN THOMAS SIDNEY VENUS formerly of Number 8 Navarino Road Dalston in the County of London then of Number 18 Brent Road Selsdon in the County of Surrey and now of 47 King Street Picton Ontario in the Dominion of Canada Textile Agent and ARTHUR STEVENS formerly of Number 136 Hainault Road Romford in the County of Essex now of Number 63 Lake Rise Romford aforesaid Railway Official (hereinafter called "the Vendors") of the one part and EDITH EMILY VENUS of Sheppey View Sea Wall Whitstable in the County of Kent Spinster (hereinafter called "the Purchaser") of the other part
(1) By her last Will dated the Twelfth day of November One thousand nine hundred and thirty four Emmeline Venus (hereinafter called "the Testatrix") appointed the Vendors the Executors thereof
(2) The Testatrix died at Sheppey View Sea Wall Whitstable aforesaid on the Second day of December One thousand nine hundred and forty five without having revoked or altered her said Will and being seised at the time of her death of the property hereinafter described for an estate in fee simple in possession free from encumbrances
(3) The said Will of the Testatrix on the Thirteenth day of March One thousand nine hundred and forty six was duly proved in the Lewis District Probate Registry by the Vendors
(4) The Vendors have not previously hereto given or made any Assent or Conveyance in respect of any Legal Estate in the said property or any part thereof
(5) The Vendors as Personal Representatives of the Testatrix and in the exercise of their statutory powers of sale in that behalf have agreed with the Purchaser of the said property hereinafter described and the fee simple thereof in possession free from encumbrances at the price of Four hundred and fifty pounds
NOW THIS DEED WITNESSETH as follows:-
1. IN pursuance of the said agreement and in consideration of the sum of Four hundred and fifty pounds paid on or before the execution of these presents to the Vendors by the Purchaser (the receipt whereof the Vendors do hereby acknowledge) the Vendors as Personal Representatives do hereby grant and convey unto the Purchaser FIRST ALL THAT messuage and dwellinghouse known as Sheppey View Sea Wall in the Parish of Whitstable in the County of Kent formerly in the occupation of the Testatrix and now of the Purchaser which said property first herein described is bounded on the South East side thereof by the roadway known as the Sea Wall (and has a frontage thereto of Eighteen feet Six inches or thereabouts) on the South West side thereof by property of the Whitstable Oyster Fishery Company on the North West side thereof by the rear portion of the premises now forming part of Sheppey View (and held on a yearly tenancy from the said Whitstable Oyster Fishery Company) and on the North East side thereof by the passage way from the Sea Wall to the Beach hereinafter mentioned AND ALSO the said passage way but subject to the right of way of the public thereover AND SECONDLY ALL THAT piece and parcel of ground formerly the site of a store house and buildings but now a garden formerly in the occupation of the Testatrix and now of the Purchaser bounded on the south east side thereof by the said roadway known as the Sea Wall (and having a frontage thereto of Twenty one feet or thereabouts) on the south west side thereof by the passage way hereinbefore mentioned (and containing on that side Twenty feet or thereabouts) on the north west side thereof by premises of the Whitstable Oyster Fishery Company now in the occupation of Earnest Stroud (and containing on that side Twenty one feet or thereabouts) and on the north east side thereof by another passage way leading from the Sea wall to the Beach (and on that side containing Twenty feet or thereabouts) All which said premises both first and secondly hereinbefore described were formerly described by the description contained in the Schedule to a Conveyance dated the Seventeenth day of October One thousand nine hundred and twenty four made between the Brewery and Commercial Trust Limited of the first part Flint and Company Limited of the second part and the Testatrix of the third part (a copy of which Schedule is set out in the Schedule hereinafter mentioned)
TO HOLD the same unto the Purchaser in fee simple
2. The Vendors (who retain possession of the Probate of the Will of the Testatrix) hereby acknowledge the right of the Purchaser to production of copies thereof
3. IT is hereby certified that the transaction hereby effected does not form part of a larger transaction or a series of transactions in respect of which the amount or value of the aggregate amount or value of the Consideration exceeds Five hundred pounds
IN WITNESS whereof the said parties to these presents have hereunto set their hands and seals the day and year first before written
THE SCHEDULE hereinbefore referred
ALL THAT piece or parcel of ground lying and being in the Parish of Whitstable in the County of Kent on the North Western side of and abutting to the top of the Commissioners old sea wall there Which said piece or parcel of ground extends in front along the top of the said sea wall a distance of Eighteen feet Six inches or thereabouts AND ALSO ALL THAT Messuage and Storehouse or building standing and being on the said piece or parcel of ground or some part thereof and formerly used as a public house known by the name of the "Stag" but now unlicensed and known as "Sheppey View" formerly in the occupation of John Deane then of William Spencer and now of the Purchaser All which premises were assured to Rest Flint and John Love by an Indenture dated the Thirtieth day of January One thousand eight hundred and fifty eight and made between John Deane of the first part Rest Flint and John Love of the second part and George Furley of the third part And also the plot of land on the outer side and abutting to the top of the old sea wall in the Parish of Whitstable and having a frontage thereto of Ten feet Six inches and situate on the east side of the said premises now known as "Sheppey View" Together with the storehouse and buildings thereon and which premises were numbered 143 on the plan of the Commissioners of Sewers and were sold by them to the Trustees of Oziah Kemp on or about the Twentieth day of September One thousand eight hundred and fifty four and the same were on or about the Thirty first day of March One thousand eight hundred and sixty sold to Rest Flint and Thomas Kingsford and have since continuously been in their occupation and of Frederick Flint and Flint and Sons Limited and the Company or of their Tenants And also the plot of land on the outer side of and abutting to the top of the said sea wall in the Parish of Whitstable and having a frontage thereto of Ten feet Six inches together with the Storehouse and buildings thereon and which premises were numbered 143A on the plan of the Commissioners of Sewers and were sold by them to William Kemp's heirs on or about the Twentieth day of September One thousand eight hundred and fifty four and the same were on or about the fifteenth day of June One thousand eight hundred and sixty one sold to Rest Flint and Thomas Kingsford and have since been continuously been in their occupation and of Frederick Flint and Flint and Sons Limited and the Company or of their Tenants and were assured to the Company by an Indenture of the Twenty second day of September One thousand nine hundred and three made between Flint and Sons Limited of the first part James Grainger Bellamy and Arthur Woolley Hart of the second part and the Company of the third part
SIGNED SEALED and DELIVERED by the said THOMAS SYDNEY VENUS etc
see Note Below
See also "The Rear Portion of the premises now forming part of Sheppey View"
Observe the above carefully structured use of the word "said" - used on second mention of a thing entity or concept... the 1924 and 1946 solicitors both consistently use the same convention. On finding the word said if one reviews what has gone before one discovers a prior mention. Based on this consistency - "All which said premises both first and secondly hereinbefore described ..." I take to mean those describes as... "...the premises now forming part of Sheppey View" and "... premises in the occupation of Earnest Stroud..."
The 'Schedule' above, said to be a recital of one on a Conveyance 17th Oct 1924, is in fact not an entire recital in that-
the entire 'Schedule' was pre-qualified by the following
"The Vendors as Trustees hereby convey and the Company as Beneficial Owners hereby convey and confirm unto the Purchaser her airs and assigns the hereditaments described in the First Schedule hereto Provided that as regards such portion thereof as is in the occupation of Earnest Stroud the Vendors and the Company respectively convey and confirm the same only for such estate and interest (if any) as they respectively have therein "
There was no mention of the Whitstable Oyster Fishery Co In 1924
The first part of the above deed is written in the 1946 solicitor's words whereas the schedule is in the words of the 1924 solicitor.
The portion in the occupation of Earnest Stroud was The Black Beach Huts seaward of the plot 143 & 143a. (see maps etc)
Plot 143 is shown on the Deed Poll of the Commissioners of Sewers in which Deane and Edwards purchased 'plot 141' in 1853 and had a storehouse thereon and, by inference, another 'Storehouse' also belonged to Deane and Edwards. The assumption I make based on knowledge of the deeds and history surrounding Earnest Stroud is... that Earnest Stroud gained an estate, presumably by adverse possession, in this portion of what was formerly Flint's . It is not surprising that in the Stag Deeds it is stated that 'Flint&Co' had been in continuous occupation of the adjacent roadside parts.
It is well known and documented in Council and Company (WOF) records that, after the Company was reconstituted in 1896 - and on into the 20th C, the ownership of such properties and the boundary of the Fishery was contested and fought over. It is not surprising therefore to find equivocation and words such as 'IF ANY' in such deeds. As an example one only needs to refer to the Wynn Ellis 'Agreement' of 1865 where the above words 'if any' are used thrice in respect of lands supposedly ceded by him to FF&D (WOF). These were said to be the remaining wastelands of the Manor of Whitstable. It seems based on available evidence that Stag PH was in the Manor of Westgate whose Lord was the Archbishop Of Canterbury.
It is clear by careful analysis of the above 1946 deed and
an understanding that in 1924 - the 1925 Lands Registration Act
was yet to be passed, & that this gave legal right/statutory
rules regarding the legal presumption as to ownership down to
MHWM for properties adjacent to the sea... as is Sheppey View-
That in 1946 the solicitors Maylam and Maylam were forced to account
for the play of these now statutory legal presumptions as the
1924 deed by implication conveyed out to MHWM, yet clearly Earnest
Stroud and WOF were claiming otherwise. The 1946 solicitor must
have had some representation from WOF otherwise WOF would not
have been inserted into the wording. I would assume that the solicitor
would have demanded some sort of formal proof, an agreement or
other documentary basis of claim. What this was, it seems, is
now beyond discovery as the agreement is not named. The only connected
data is a WOF ledger item to Mrs Venus
said to be No 35
on a plan, presumably one concocted by WOF
'Land for Old
Stag 22ft by 38ft @ £1 14s 10d p.a.' ... It was 38ft from
the back of Stag/Sheppey View to MHWM.
In 1971 at 1st Registration, the only available document was dug out - in order to justify to Land Registry the 'illustrative' plan proffered... and this conflated with the1860 unsigned copy of an 'agreement' .
From the construction and detail of this 1946 deed, seemingly
the entire built structure of what had comprised the Stag
Inn together with the two adjacent plots, but restricting these
two plots to a 20ft depth or thereabouts, was all conveyed in
fee simple to the purchaser Miss Venus and the part in
occupation of Earnest Stroud together with undeveloped beach seaward
of all ... was ceded to WOF... In essence the 1946
solicitors Maylam and Maylam attempted to broker a resolution
to any dispute/uncertainty regarding presumed ownership of land
situated on the edge of the sea...
i.e. An attempt to - 'quieten possession'.
Sadly it seems he was not wholly successful.
Had this deed any other intent - or notion or that the dotted line on the 1853 Deed Poll had title significance, or that some sub-part of the entire (ALL THAT)dwelling was the only the fee simple conveyed then the writer would not have used the word ALL and the simple device of a stated measurement was available - but not used.