Final Sale


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HISTORICAL NOTE.
Drakelowe, the ancient seat of the still more ancient family of Gresley, is situated one mile from Burton-on-Trent, on the Derbyshire border, the River Trent forming one boundary of the Estate.

It is recorded in Domesday that among the lands of Nigel of Stafford was a manor in ” Drachelawe ” and ” Hedcote,” once the domain of Elric, who was probably killed at Hastings by the companions of Nigel, who in 1086 was lord over the lands which had previously been the proud possessions of Elric and Godric of Siward and Elnod and others.

There is definite evidence that the family of Grcsley came to England with the hosts of the Conqueror, but there is reason to suppose that their ancestry stretches back even into the myth-history of the Norsemen.
Drakelowe, though not always the place of residence, has remained in the possession of the family throughout 28 generations of the house. ” Sir George Gresley,” wrote Leland in 1540, ” dwelleth at the manor place of Colton,” but ” hath upon Trent, a mile lower than Burton town, a very fair manor place and park at Draykelo.”

The Park at Drakelowe is very well wooded with many fine old beeches and oaks, and the Pleasure Grounds and Gardens, the picturesque walks of which arc shaded by tall hollies and yews, arc particularly attractive. The Rose Garden and Round Garden date to the beginning of the 18th Century, or probably earlier.

The House itself, although mainly Elizabethan in character, has been altered and restored at different periods, but it has never been actually rebuilt, and its stateliness and grandeur remain unimpaired.


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GENERAL REMARKS AND STIPULATIONS.
The Auctioneers wish to draw particular attention to the very reasonable upset prices for the various Lots, which are published in the following Particulars. This course has been adopted in a genuine effort for find Purchasers for the whole of the Property.

1. TENURE. Freehold.

2. INSPECTION. Intending purchasers may inspect the various Lots at any time by permission of the Tenants and upon production of these Particulars or an Order to View from the Auctioneers.

3. PLANS, PARTICULARS and SCHEDULES are prepared for the convenience of intending purchasers, and although believed to be correct are for reference only. The various Lots being open for inspection, the purchasers shall be deemed to have satisfied themselves that the within description sufficiently describes the Lots, and any error, discrepancy, or mis-statement shall neither annul the Sale nor entitle any parties to compensation.

4. CULTIVATION. The cultivations shall be accepted as correct by the purchasers, and no error of description in respect of same shall annul the Sale nor entitle any party to compensation.

5. TENANCIES. The Lots are sold subject to existing Tenancies and the rights of Tenants. The Agreements where existing, or copies of them, may be inspected at the Auctioneers’ Offices, and will be produced in the Sale Room. The customary Tenantright Valuation will be payable by the purchasers of the respective Lots.

6. BUILDINGS. Buildings and Fixtures which are the property of the Vendor will be included in the Sale, with the exception of various Fittings and Fixtures which shall be taken to at Valuation, an Inventory of which will be produced in the Sale Room. In certain cases there are Buildings, Fixtures, Fittings and Erections which are the property of the Tenants, and the Sale of any Lot is subject to the Tenant’s right in that respect, whether the said Buildings, etc., arc specifically mentioned or shown in these Particulars and Plan or not.

7. TIMBER. All growing Timber. Timberlike Trees, Tellars, Pollards. Saplings, and Plantations, and Underwood down to the stub will be included in the Sale. There is, on the Estate, a large quantity of Valuable Timber which may be felled without the destruction of sporting and other amenities.


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8. LOTTING. The property situated between the Burton-Walton Road and the River Trent, comprising Lots 1-6 inclusive, will be offered in the following alternative orders:—
(a) Lots 1-6
If not so sold, then
(b) First, Lots 1, 2a-f, and 3. Secondly, Lot 6. Thirdly, Lots 4 and 5.
If not so sold, or Lots remaining unsold, then as follows:
(c) First, Lots 1 and 3. Secondly, Lots 2a and 2c-f. Thirdly, Lots 6 and 2b. Fourthly, Lots 4 and 5.

Should the Property be not so disposed of, the whole or any remaining Lots, together with those Lots not included above, will be offered in the order as lotted.

The Vendor reserves the right to alter the mode of Lotting, to amalgamate any two or more Lots, to withdraw any Lot or Lots before or at the Sale, or to vary the method of offering.

9. EASEMENTS, OUTGOINGS, Etc. The property will be sold subject to all Rights of Way, Water, Light, Drainage or other Easements, and subject to all outgoings affecting the property, whether or not shown and mentioned in these Particulars and Plan and/or Conditions of Sale. Any dispute that may arise with reference to boundaries. Rights of Way, or other like matter connected with this Sale shall be referred to the Auctioneers, whose decision shall be final.

10. APPORTIONMENT OF RENTS. The apportionment of Rents stated in the Particulars shall be binding on purchasers.

11. MINES, MINERALS, Etc. The whole of the Mines and Minerals underlying Lots 13 and 14 are included in the Sale, but in the remainder of the Lots are reserved with the exception of Sand and Gravel.

12. SPORTING RIGHTS. The Estate is well timbered, the Plantations originally having been arranged with a view to improving the sporting amenities of the Estate. The Shooting Rights for the present season are let.


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Lies in seclusion on the wooded banks of the River Trent, surrounded by beautiful Old English Gardens, overlooking, on the one hand, the ancient timbered Park, and, on the other, one of the most pleasant and picturesque reaches of the River which bounds the Estate, adding that element of water which is ever a delight to the eye.

There are extensive views of the surrounding country from the principal rooms of the Mansion, whilst, through a wide Avenue of Trees on the opposite side of the River, is presented an attractive vista to the distant Tatenhill Hills.

The Mansion, which is approached by a long Carriage Drive from the Burton-Walton Road, is of the Elizabethan period, substantially constructed, principally of stone, with later additions tastefully in keeping with its original design.


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By a Conveyance of the ” Grove Farm ” dated the 21st October 1921 Messrs. L. & G. Staley and their successors in title were granted a right, in common with all other persons then or thereafter at any time entitled to a supply of water from the same source, to the water supply by means of pipes from the Ram situate close to the entrance lodge to Drakelowe Park (the Vendor and his successors in title permitting the flow of water for use upon the hereditaments thereby assured so long as water is available but without liability to keep up such supply or to maintain in working order the said Ram apparatus or pipes used in connection therewith) and Messrs. L. & G. Staley and their successors in title were also granted the right (so far as necessary) to enter upon the adjoining land of the Vendor to examine cleanse repair or renew the Ram apparatus or water pipes lying in or under the said land which conveyed water to the messuages and hereditaments thereby conveyed upon giving to the owner for the time being of the land to be entered upon and his tenant or tenants reasonable previous notice to such entry and not doing or causing unnecessary damage to the said land or the timber trees underwood or crops growing thereon, full compensation being made for all and every damage done in the exercise of this power.

The Purchaser of this Lot will take subject to such right of entry, and with the benefit of the right to compensation.

This Lot is also sold subject to the purchaser contracting to maintain fences as indicated on the Sale Plan, and, where such do not at present exist, to erect suitable fences within three months after the date of completion.


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This Lot is sold subject to :—

1) The exceptions reservations and covenants contained in a Conveyance dated the 24th October, 1913, and made between the Marquess of Anglesey of the 1st part. The Honorable Mary Livingstone of the 2nd part, The Earl of Pembroke and Montgomery and others of the 3rd part, and the Vendor of the 4th part, so far as
the same affect the property comprised in the said Lot.

2) The rights granted to the Mayor Aldermen and Burgesses of the Borough of Burton on Trent by a Deed of Grant dated 14th July 1904 as the same are varied by two Supplementary Deeds of Grant and Release dated respectively the 30th April 1928, and the 7th June, 1929 and made between the said Mayor Aldermen and Burgesses of the one part and the Vendor of the other part, and subject also to the covenants on the part of the Vendor contained in the said two Supplementary Deeds of Grant and Release.

The purchaser of this Lot will be entitled to a right of way for agricultural purposes only to and from the road from Branston to Burton on Trent in accordance with the terms of a Conveyance dated the 18th October 1918 and made between the Marquess of Anglesey of the 1st part, The Earl of Pembroke and Montgomery and others of the 2nd part, and the Vendor of the 3rd part, such right of way being indicated between the points ” T.U.” on the Sale Plan.

This Lot is sold subject to the purchaser contracting to maintain fences as indicated on the Sale Plan, and, where such do not at present exist, to erect suitable fences within three months after the date of completion.


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This Lot is sold subject to

1) The right of the owners and occupiers for the time being of the land on the north side thereof to the watering of cattle and the withdrawal of water from the River
for agricultural purposes only and to the drainage of surface water from such land.

2) The rights of the owners and occupiers for the lime being of the factory belonging to the Branston Artificial Silk Co. Ltd. to utilise the sewer for the purpose of
effluent discharging into the River and the Vendor shall not be called upon to define such rights.

3) The exceptions reservations and covenants contained in the Conveyance of the 24th October, 1913 (referred to in connection with Lot 8) so far as the same affect the property comprised in this Lot.

The lands adjoining this Lot having been previously sold by the Vendor without any reservation of right of access to the River, no right of access (either express or implied) can therefore be granted to the Purchaser thereof.


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SPECIAL CONDITIONS OF SALE.

1. The Property is sold subject to the General Conditions of 1925 (1928 Edition) so far as the same are not varied by or inconsistent with the following special conditions.

2. The vendor’s Solicitors are Messrs. W. A. G. Davidson 6c Co., of 22 Surrey Street, Strand, London, W.C.2; Messrs. Field, Roscoe & Co., of 36 Lincoln’s Inn Fields, London. W.C.2; and Messrs. Crane & Walton, of Ashby-de-la-Zouch.

3. The deposit payable in respect of each Lot shall be 10% of the amount of the purchase price of such Lot, and (except in respect of Lots 13 and 14) shall be paid to Messrs. Field, Roscoe & Co. as agents for the Settled Land Act trustees of the Vendor in accordance with the provisions of Clause 4 of the General Conditions. The deposit in respect of Lois 13 and 14 shall be paid to them as Agents for the Vendor.

4. The date fixed for completion is the 25th day of March, 1934.

5. The vendor is, as to Lots 1 to 12 inclusive, selling under the powers conferred on him by the Settled Land Act 1925, and as to Lots 13 and 14 as beneficial owner. The property comprised in Lots 1 to 12 inclusive consists of property which goes in different ways on the death of the Vendor, and the purchase money of each Lot shall, if the Vendor and the circumstances of the case so require, be apportioned between the different parts of the property in such manner as the Vendor may direct.

6. The title to Lots 1 to 5 and 8 to 12 inclusive, and to those parts of Lots 6 and 7 situate in the parish of Drakclowe in Church Greslcy shall commence with an Indenture of Settlement dated the 1st day of July, 1887, being a voluntary settlement made by the vendor of certain lands described by reference to prior documents and all other the real estate then held by him for an estate of inheritance subject (as to certain of the above mentioned Lots) to the Mortgage hereinafter mentioned and to the jointure rentcharge of a lady who died in the year 1900. The vendor shall not be required to abstract or produce any of the documents under which such jointure arose. By a deed dated the 15th day of December, 1904, a mortgage “debt of £20,502 18s. 4d. secured by prior deeds and the securities for the same were transferred to transferees who paid off the then existing debt, and the Deed of Transfer contains a Schedule and Plan describing and showing the lands comprised in the above mentioned lots (or parts of lots). It shall be assumed (as is believed to be the case) that at the date of the said Settlement the vendor owned all the property comprised in the said lots or parts of lots for an estate in fee simple in possession free from incumbrances except as above mentioned. The title to the said mortgage debt of £20,502 18s. 4d., and to the legal estate in the lands transferred by the said Indenture dated the 15th day of December, 1904, shall commence with that Indenture. The Vendor shall not be required to abstract or to produce any prior document (except the said Settlement of 1887 and a Resettlement dated 5th June, 1893, expressed to be supplemental thereto) referred to in such transfer or to which such transfer or the reconveyance of such mortgage is made supplemental.

7. The title to those parts of Lots 6 and 7 situate in the parish of Walton-on-Trent shall commence with a Mortgage dated 22nd February, 1910.

8. The title to part of Lot 13 shall commence with a Conveyance dated 24th October, 1913; and to the remainder with a Conveyance dated 18th October, 1918. The title to part of Lot 14 shall commence with the same Conveyance of 24th October, 1913, and to the remainder with a Conveyance dated the 15th January, 1919.


 

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