1. Right of way for all purposes over the roads and open spaces for the time being on the estate known as the Holly Lodge Estate comprised in the said Title No. 276353 and of using the drains and sewers thereunder and of using the gardens shown on the Estate plan subject to the payment of the annual sum hereinafter mentioned in respect of each plot towards the expense of paving repairing cleaning and maintaining the roads paths grass edges open spaces gardens sewers and drains.
l. The conveyance of any plot shall not be deemed to include any right of light or air over any adjoining or neighbouring land and all privileges in respect of light or air (if any) enjoyed over any adjoining or neighbouring land in respect of any plot shall be deemed to be so enjoyed by the licence or consent of the Vendor and not as of right.
2. In respect of each plot there is reserved the right of user of all drains and sewers at any time in and under such plot for the benefit of the owner of any other plot subject to the liability of each person making use of any such drain or sewer to contribute his rateable proportion of the expenses of cleansing repairing renewal or reconstruction or enlargement thereof whenever necessary
3. The Vendor shall retain ownership and control of the intended roads paths grass edges open space and gardens until the whole of the said plots and sites are sold and conveyed to the respective purchasers thereof and thereafter the Vendor shall convey the land forming the said roads paths grass edges open spaces and gardens together with the rent-charges reserved for the maintenance thereof to three persons (as trustees for and nominees of the whole of the plot owners) being persons (as trustees for and nominees of the whole of the plot owners) being members of and nominated by a Committee to be called “the Holly Lodge Estate Committee” which Committee shall be elected by the plot owners.
4. The Vendor reserves to itself and to all persons deriving title under it to the said Holly Lodge Estate or any part thereof otherwise than by conveyance in which the right reserved by this condition shall not be expressly assigned the right to sell transfer or otherwise deal with any part of the property which may not be sold or the sale of which may not be completed free from the exceptions and reservations contained in this part of the Schedule and restrictive conditions and stipulations contained in the third part of the Schedule in such plots and subject to such restrictions and stipulations (if any) as it may think fit.
l. Every purchaser shall forever maintain proper boundary walls or substantial close- boarded fences on his plot on the sides marked T on the said plan of such height and design as shall be approved by the Vendor.
2. One house only shall be erected on each plot and shall be the type approved by the Vendor. No house shall be let out in separate tenements but this shall not prevent part of a house being let as furnished lodgings.
3. The front wall of any house or building to be erected on any part of the premises shall range and be in a line with the building line to be approved by the Vendor and the local and other responsible authorities and no building or erection of any kind except verandahs porches bay windows or similar structures to be approved of in writing before erection by the Vendors Surveyor and such authorities and except such boundary fence as aforesaid shall be erected on any portion of the premises of any plot which lies between such building line and any of the roads or streets marked on the said plan.
4. Except as to the plots in Swains Lane Nos. l,3,5,7,9 and 11 no permanent building of any kind shall at any time be erected except a private dwelling house and the stabling garage offices and outbuilding thereof.
5. No building to be erected on any of the plots (except the said plots in Swains Lane) shall at any time hereafter be used for any purpose other than a private dwelling- house or a coach-house and stable garage and outbuildings belonging thereto and no trade manufacture or business of any kind shall at any time be set up or carried on in or upon the plots except as aforesaid but this shall not preclude the carrying on of a private school or the profession of solicitor surgeon physician or dentist without other outward indication thereof than a brass or other plate or inscription covering a space of not more than one foot by one foot and none of the excepted plots or any building erected thereon shall be used for any offensive noisy or dangerous trade manufacture business pursuit or occupation or any purpose which shall or may grow to be in any way a nuisance damage grievance or annoyance to the Vendor or its assigns or the tenants of any of the neighbouring plots or which may tend to depreciate or lessen the value of the said estate or any part thereof as a residential property
6. The owner or owners of each plot shall at all times hereafter pay to the Vendor or such Committee when constituted an annual sum of £2.50 towards the expense of making repairing cleansing and maintaining to the satisfaction of the vendor or the said Committee the said roads paths grass edges and open spaces and proper sewers and drains under the same and all other expense of maintaining and keeping in good order and condition and properly planted the gardens in North and South Drive but so nevertheless that each plot owner shall be liable for all expenses in maintaining the drain from his plot to the junction thereof with the sewer. Such annual sum shall be paid free from all deductions on the 25th December in each year the first payment to be made by each plot owner on the 25th day of December next following the comple- tion of the purchase of his plot and such annual sum shall be reserved to the Vendor and its assigns by way of a rent-charge on each plot on the conveyance thereof by the Vendor.
7. The said Estate Committee shall consist of no less than five nor more than nine members who shall be elected by the plot owners the first committee to be elected at a meeting to be convened in due course by the Vendor and thereafter to be subject to the rules and regulations appended hereto and called Estate Regulations. The said Committee shall have power to appoint new trustees in place of any trustees retiring or for any reason becoming unable or unfit to act and to make rescind and alter bye-laws regulating the user of the open spaces and gardens and until such Estate Committee shall have been formed and constituted the user of the open spaces and gardens shall be regulated in such manner as the Vendor shall from time to time prescribe.