The Utter Confusion - arising
from failure, in 1971 at first registration, to account for the
Legal Presumption to own down to the MHWM by properties adjacent
to the sea- the location of Divers Storehouse that later Became
And assumptions - made regarding
the meaning of the dotted line on the Commissioners of Sewers
Deed Polls, together with aggressive claims made by the local
Oyster Company... has cloaked the underlying truths regarding
ownerships and boundaries. The attempt... in 1971, by the officers
of the Oyster Company involved in the sale of Stag Cottage, as
vendors solicitor and estate agent... to represent graphically-
the words of the documents named on the contract before sale -
(the 1946Deed said Root Title and also the 1860
agreement @ £1 14s 10d)... by means of a plan, and
the rejection of this plan by Land Registry who created another
false plan, has only intensified that cloaking.
The disputes pre-dating this situation, begining in
the 18th C, are characterised in the Whitstable Council's minutes
during the 1920s and 1930s where discussions over ownership of
and responsibility for the beach were fairly regular.
Earnest Stroud (mentioned
in 1946 Deed), it seems, often represented
the interests of the Company.
The Company was essentially bankrupt in the late 19th
C - a result of its many legal exploits ...and one of its senior
officials absconded to America with some of its funds : its liabilities
had outstripped its ability to fund them.
In order to deal with this...The Company was re-formed
by a Victorian act of Parliament in 1896.
During the 20thC it seems as though the new company
sought to consolidate its perception of its title lands, advancing
its claims to the Board of Trade and generally to those residents
of Whitstable and Seasalter whose properties were adjacent to
the sea. Its directors also squabbled amongst themselves for control
of the Company and this gave rise to -
the Coulthurst Case.
During the late 19th and 20thC the Company produced
various charts and maps and other documents in support of its
claims and many of these seem contradictory. For example one chart
produced in 1870 has the words "Sea Beach" emblazoned
across the beach above the MHWM, by the company surveyor. This
shows either lack of comprehension of the meaning of the term
or an intent to deceive. In either case if this is the basis of
later understandings then arguably it is wrong. Their Barrister
Mr Needham had told them this in 1848.
In the particular case of Stag Cottage there is no
mention pre-1946 of the Free Fishers and Dredgers (FF&D) or
Whitstable Oyster Fishery Company (WOF) in any of its deeds nor
mention of any ownership lying between the MHWM and the built
structure that was the pub... shown here in a photo circa
this is almost exactly as it is shown on the 1872 Ordnance survey.
The Balcony seems to have been added after 1872.
All Stag PH was conveyed in 1924 to a
Mrs Emmeline Venus who was then in occupation, having rented from
Flint & Co.
The conveyance from Flint conveyed with the proviso
that, regarding such part as was in the occupation of Earnest
Stroud, the Company conveyed and confirmed only so far as
they had title (if any).
Earnest Stroud it seems occupied the two storehouses
with ladder stairs on the LHS of Stag...
He ran a smack called the Gamecock.
On her death the property, then known as Sheppey
View, was conveyed to her resident daughter Emily.
in 1946 instances the first
mention of WOF in relation to grant of title for the property.
This description of the property as conveyed has not
changed and it was conveyed by that description in 1951 1nd 1971.
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