Haughton Chapel

Conveyance of the Site

Copy of the text of the Conveyance of the Chapel to the Diocese of Southwell in 1945

T H I S   C O N V E Y A N C E  is made the nineteenth day of June One thousand nine hundred and forty-five  B E T W E E N  HARRY MITTON CROOKENDEN of the Manor Headley in the County of Surrey Esquire  COLIN GEORGE CAMPBELL of Glenakil Tarbert Lochfyne in the County of Argyll a Lieutenant Colonel (Retired) in His Majesty’s Army and  SIR NIGEL LESLIE CAMPBELL of 41 Threadneedle Street in the City of London (hereinafter called “the Grantors”) of the first part  THE LONDON AND FORT GEORGE LAND COMPANY LIMITED whose Registered Office is situate at The Newcastle Estate Office Worksop in the County of Nottingham (herinafter called “the Company”) of the second part and  THE SOUTHWELL DIOCESAN BOARD OF FINANCE whose Registered Office is situate at Church House Park Row in the City of Nottingham (hereinafter called “the Board”) of the third part
W H E R E A S :-

     1. BY  an Agreement made the fifth day of April One thousand nine hundred and twenty-seven between The Most Noble Henry Pelham Archibald Douglas Seventh Duke of Newcastle (hereinafter called “the Duke”) of the one part and the Company of the other part the Duke agreed to sell and the Company agreed to purchase divers freehold estates (including the property hereinafter described) of which the Duke was then seised for an estate in fee simple in possession free from incumbrances but subject to the Mining Lease hereinafter mentioned.

     2. THE  Duke made his Will dated the twenty-second day of July one thousand nine hundred and twenty-seven and appointed the Grantors and Frank Seymour Nilsson Isitt to be the Executors thereof.

     3. THE  Duke died on the thirtieth day of May One thousand nine hundred and twenty-eight and his said Will was duly proved by the Grantors and the said Frank Seymour Nilsson Isitt in the Principal Probate Registry on the twenty-fifth day of July One thousand nine hundred and twenty-eight.

     4. THE  said Frank Seymour Nilsson Isitt died on the eighth day of December One thousand nine hundred and thirty-nine.

     5. BY  a Conveyance date the twenty-second day of February One thousand nine hundred and fourty-four and made between the Coal Commission of the one part and the Grantors of the other part the mines and seams of coal and all other the minerals and mineral substances down to a depth of three hundred feet from the surface of (inter alia) the land hereinafter described and all property and rights held in association therewith which vested in the Coal Commission by virtue of the Coal Act 1938 were conveyed to the Grantors in fee simple subject to the said Mining Lease.

     6. THE  land hereinafter described and intended to be hereby conveyed forms the site of an ancient Chapel known as Haughton Chapel and the Company desires to convey the same to the Board in order that the remains of the said Chapel shall be preserved so far as possible in perpetuity and the Grantors (who have not made any previous conveyance or assent as respects the legal estate hereinafter conveyed) have agreed to concur in these presents in manner hereinafter appearing.

     7. TO  assist in the preservation of the said property the Company has agreed to transfer into the name of the Board the sum of Three hundred pounds to the intent that the same shall be invested and the annual income thereof applied for the purposes aforesaid.

     8. BY  a Licence dated the thirtieth day of May One thousand nine hundred and nineteen of the Board of Trade the Board was authorised to hold any land for carrying out its objects not exceeding five hundred acres in the whole of which it is intended that the property hereby conveyed shall form part.

     9. BY  a Certificate dated the second day of August One thousand nine hundred and twenty-six the Lord High Chancellor of Great Britain in pursuance of Sub-Section (1) of Section 3. of the Law of Property (Amendment) Act 1926 authorised the Board to act in relation to charitable ecclesiastical and public trusts as a Trust Corporation.

     10. THE  Board whose holding of land doea not exceed five hundred acres has agreed to accept a Conveyance of the said site of the said Chapel and to hold the same for the purposes aforesaid.

     N O W   THIS DEED  made in consideration of the premises
W I T N E S S E T H   as follows :-

     1. THE  Grantors as Personal Representatives and at the request of the Company  HEREBY CONVEY  and the Company  HEREBY CONVEYS AND CONFIRMS  unto the Board  ALL THAT  piece of land situate in the Parish of Haughton in the County of Nottingham being Enclosure Numbered 89 and part of the Enclosure Numbered 88 on the Ordnance Survey Map (1898 Edition) containing in the whole .638 of an acre or thereabouts and bounded on the North by the River Maun and on the East South and West by other lands formerly the property of the Grantors as the said piece of land is delineated on the plan annexed hereto and is thereon edged with red the ownership of the boundaries being indicated thereon by the marks T within the boundary  TOGETHER WITH  the ruined building standing thereon or on some part thereof and known as Haughton Chapel  AND TOGETHER WITH  the right for the Board and all persons authorised by it to pass and repass over and along the strip of land coloured yellow on the said plan and from the said premises from and to the bridle road shown upon the said plan for the purpose of inspecting repairing or renewing the ruins of the said Chapel and the boundary fences belonging thereto  EXCEPT AND RESERVING  unto the Grantors and to the Company and the persons deriving title under them respectively  All compensation payable under the Coal Act 1938 in respect of the mines seams of coal cannel and all other mines minerals and mineral substances and strata whatsoever and of whatsoever nature or description lying in and under the said property below the depth of three hundred feet from the surface following the irregularities thereof and all property and rights held in association therewith as now vested in the Coal Commission  AND ALSO  the bed of the said River Maun so far as the same adjoins the premises hereby conveyed and all rights of fishing in and taking fish from the said river  And also full and free right of running water and soil through or by the land drains sewers pipes and watercourses now laid or at any time hereafter laid within or under the said land  And also full and free right for the Grantors and the persons deriving title under them at all times hereafter to erect or place any building or other erections on any adjoining or neighbouring lands of the Grantors or the persons deriving title under them notwithstanding that such buildings or erections may interfere with the access of light and air to the land hereby conveyed or any part thereof or to any building erected or to be erected thereon and so that the Grantors and the persons deriving title under them may retain free and unrestricted right to use the said adjoining or neighbouring lands for building and other purposes  TO HOLD  the same except and reserved as aforesaid  UNTO  the Board in fee simple but subject to a Mining Lease dated the thirtieth day of October One thousand eight hundred and ninety six and made between the Duke of the one part and the Wigan Coal and Iron Company Limited (hereinafter called “the Mining Lessees”) of the other part whereby the mines and minerals within and under the said property  Together with certain surface rights were demised unto the Mining Lessees as therein mentioned and subject to all easements rights and privileges under the said Mining Lease but with the benefit of all covenants (if any) on the part of the Mining Lessees therein contained for making compensation for damage done to the said land or to any buildings drains timber trees underwood or crops thereon and for the reinstatement of the surface of the said land or any part thereof the surface of which may be taken by the Mining Lessees for the purposes of the said Mining Lease  And also with the benefit of the surface rents reserved by the said Mining Lease in respect of any part of the land hereby conveyed the surface of which may be taken by the Mining Lessees for the purposes of the said Mining Lease.

     2. IT IS HEREBY DECLARED  that the Board shall stand possessed of the premises hereby conveyed  Upon trust that the same shall be preserved as the site and ruins of the ancient Haughton Chapel.

     3. IN  consideration of the sum of Three hundred Pounds now paid by the Company to the Board (the receipt of which sum is hereby acknowledged) the Board  HEREBY COVENANTS  with the Grantors and also with the Company as follows:-

        (a) So far as age and natural conditions permit to preserve the ruins of Haughton Chapel aforesaid and to prevent the destruction or desecration thereof.

        (b) To keep the boundary fences on the East South and West sides of the said land in good repair and condition.

        (c) To keep the said land properly mown and free from noxious weeds and rubbish and so far as practicable to prevent trespass thereupon.

     4. THE  Board shall hold the said sum of Three hundred Pounds Upon trust to invest the same in investments authorised by law for trust funds with power to vary investments and shall apply the annual income thereof from time to time as and when necessary in paying the cost of observing and performing the aforesaid covenants on the part of the Board hereinbefore contained.

     I N   W I T N E S S  whereof the parties hereto of the first part have hereunto set their hands and seals and the parties hereto of the second and third parts have hereunto caused their Common Seals to be affixed the day and year first above written.

The signatures at the foot of the document
Note: The document does not appear to have been signed by representatives of the Diocese

 The plan attached to the conveyance document
(This is taken from a photocopy, and does not show the colours referred to above.)