Deed of Stipulation

Relating to Albion Terrace Ramsgate

Dated: 1st July 1851

This Indenture made the first - day of July - in the year of our Lord one thousand eight hundred and fifty one between John Mercer of Ramsgate in the Isle of Thanet in the County of Kent Gentleman of the first part John Benjamin Clements of Ramsgate aforesaid Boot Closer George Griggs of Ramsgate aforesaid Stationer John Goodson of the same place Carpenter William Edward Smith of the same place Builder and George Love of the same place Baker of the second part and the several persons who shall at any time or times thereafter sign seal and deliver these presents of the third part Whereas the said John Mercer has lately purchased a piece or parcel of land containing a frontage of one hundred and eighty feet or thereabouts situate lying and being on Clover Hill in Ramsgate aforesaid which has been laid out in several lots for building whereon it is intended to erect and build eleven houses to be called Albion Terrace according to the plan and elevation drawn in the margin of these presents and whereas the said several persons parties hereto of the second part have become purchasers of some of the said lots and it hath been considered proper as well on the part of the said John Mercer as proprietor and also on the part of the purchasers that a deed should be prepared and executed by all the parties for the purpose of preserving the line in front by which the messuages and buildings in the said intended row of houses should be regulated so as to range together in one uniform line and for preventing annoyances and nuisances in and to the said houses and on the ground belonging thereto Now this indenture Witnesseth that in pursuance of and for establishing the intents and purposes aforesaid they the said several persons parties hereto for themselves severally and respectively and for their several and respective heirs executors and administrators do hereby covenant promise and agree every of them to and with the other and others of them his her and their heirs executors - administrators appointees and assigns mutually and reciprocally by these presents in manner following (that is to say)

That the purchaser or purchasers of every lot of land in the said terrace called Albion Terrace shall and will erect and build and complete and finish in a workmanlike manner within twelve calendar months from the date of his or her or their conveyance a good and substantial dwelling house or good and substantial dwelling houses upon the land so purchased by him or her or them of the size and dimensions and according to the elevation and section set forth in the plans drawn in the margin of these presents

That every such dwelling house shall be erected and built in a straight and uniform line to be fronted with good stock bricks and to contain in the front parlour and drawing room thereof a bay or circular window not to project more nor less than two feet from the front wall thereof and the opening in the brickwork for such windows not to exceed seven feet six inches the top of the first floor of every house to be at the height of eighteen inches at least and higher in proportion from the level of the pavement to be laid down in front of the said terrace intended to be called Albion Terrace - the heighth of the parlour story of each house to be eight feet and nine inches the drawing room story to be eight feet and nine inches and the upper story to be eight feet three inches and contain two windows in the front thereof - the depth of the joists not to be less than seven inches and a half and the heighth of the parapet from the wall plate of the roof of every such house including the parapet not to exceed two feet six inches and that in case the depth of joists of the parlour drawing room and chamber floors shall exceed seven inches and a half then the heighth of the rooms shall diminish in proportion

That the area and steps of entrance to every such dwelling house shall not extend more than five feet from the front wall or building line thereof including the coping enclosing the same and that such areas to be enclosed with an iron fence of three quarter inch bar and cast head and to be painted green

That the footway in front of each house of the width of four feet shall immediately on the completion of such house be paved with Yorkshire stone and the same shall at all times be kept in a proper state of repair by the proprietor of such house and also that so much of the five feet passage as lies immediately in rear of every such house shall be kept clean and in a proper state of repair by the proprietor of such house

That no building shall be erected for the purposes of any shop or place of trade in the said terrace nor shall any dwelling house which may be erected in the said terrace at any time thereafter be converted into or used for a shop or place of trade

That all walls dividing and separating the respective dwelling houses and the outhouses and gardens to be considered and deemed party walls and to be not less than nine inches thick and the expense of erecting the same to be borne and paid for equally between the proprietors of the dwelling houses and premises by which the same shall be separated within three calendar months from the time when the said buildings shall be commenced and the expense of repairing and keeping repaired such party walls to be borne in a like manner - the walls dividing and separating each dwellinghouse to be of brick - the walls dividing and separating the gardens in rear and also adjoining the five feet passage not to be less than six feet and six inches in heighth above the surface of the ground and to be built of flint or brick as most convenient

That such proportion only of the said walls dividing and separating the respective dwelling houses and gardens shall be paid for as is used by the proprietors of the adjoining houses

That in case any building or erection shall be made or any alteration shall be made in the said houses any or either of them contrary to the true intent and meaning of these presents or any nuisance or annoyance whatever shall be created in the said houses any or either of them or on the land belonging thereto then and so often it shall and may be lawful to and for the said John Mercer and his heirs and any and every other proprietor for the time being of a house ??? of the said terrace called Albion Terrace or any or either of them to enter upon the same and to pull down prostrate and remove such alteration erection or nuisance

In witness whereof the said parties to these presents have hereunto set their hands and seals the day and the year first above written

John Mercer

John Benjamin Clements

Geo Griggs

John Goodson

Will E Smith

George Love

Thomas Ansell

Robert Morton

This was transcribed from a document that used to be held in the archives at Ramsgate Library.  Much of the collection from Ramsgate archives moved to the East Kent Archive Center, Whitfield Dover - however, I can't find this in the online archive catalogue.

The original is faded or illegible in many places, with particular problems towards the end of the first paragraph, which lies on a fold in the paper. Illegible words are shown as ???, uncertain spelling of names or possibly incorrect words are shown in italics. Please note: the information shown in this transcript is for historical interest only and is likely to contain errors and omissions.

Transcribed by Gerald Tripp, 8th July 1993

Corrections in red by J.Bacon, June 2000.