The Fernhurst Society

A transcript of the Fernden Hill Estate Sale agreement and declaration of 1863 when it was a part of North Ambersham. Also on this page is a copy of the interesting Fernden Estate map as it was in 1904 when the estate was for sale.

Transcribed by and © David J Coward in September 2008 from Hampshire Record Office document 67 M87/1/33.

Fernden Estate map of 1904
(click on the image to view a large version; 1.2 MB)

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Sale Agreement for the Varndell Hill Estate from John LUCAS to Herbert G YATMAN in 1863 [Fernden Hill including Lowder Mill and Shalford] “An agreement made the twelfth day of September one thousand eight hundred and sixty three Between John LUCAS of Varndell Hill in the Tything of Ambersham North in the parish of Steep in the County of Southampton Gentleman (hereinafter designated as ‘the vendor’) of the one part and Herbert George YATMAN of Ridgeway Lymington in the said County Esquire (hereinafter designated as ‘the purchaser’) of the other part Whereby the said John LUCAS agrees to sell to the said Herbert George YATMAN and the said Herbert George YATMAN agrees to purchase of the said John LUCAS the several lands and hereditaments at the price of Ten thousand five hundred pounds upon the terms and conditions following (that is to say). 1. The purchaser shall at the time of signing this agreement make a deposit in the proportion of Five pounds per centum of his purchase money and in part payment thereof in the London and Westminster Bank in the names of Mr John DRUCE of Number 10 Billiswater Square London and Mr Edwin Albery of Midhurst. 2. The purchaser shall pay by valuation for the tillage of the summer lands and of the Turnip land and for the seed sowing and hoeing of the same for all hay and shaw left on the premises (the hay at full price and straw at fodder and dung price) for all feed and after grass for all clover and other seeds and for sowing harrowing and cultivating the same with the spring crops for muck mixtures and composts and for labor in turning over such as shall not be carted on the land and for the carting where carted on the land and for all such other matters and things as are customary to be allowed and paid by an incoming tenant to an outgoing tenant. The present year’s corn and crops of Varndel Hill Farm are to be laid in the barns or stacked on the lands and premises and the vendor is to have the use of and free access to and from the dwellinghouse garden and appurtenances at Varndell Hill and the bar barnyard rickyard and rickstanding until the first day of January next for the purposes of residence and threshing and dressing and getting in and conveying out the corn etc. Such valuation shall be made immediately before the fifth day of November next by two referees one to be named by the vendor and the other by the purchaser or by an umpire to be appointed by such referees in the usual way. 3. The title as to Varndell Hill Farm and Shawford (except as to the three cottages and gardens which appear to be leasehold shall commence with the will of Robert CLEMENT dated seventeenth September one thousand seven hundred and ninety four and proved on the twentieth day of October in the same year whereby he specifically devised the estate in fee to William CLEMENT deceased. As to the said cottages and gardens the title shall commence with an Indenture of Assignment dated the fourth day of October one thousand eight hundred and two reciting an Indenture dated the nineteenth January ten James first demising the premises therein described for a term of one thousand years from Michaelmas the last past at the yearly rent of a peppercorn As to Lowder Mill and the lands ponds and appurtenances thereunto belonging the title shall commence with an Indenture of conveyance dated the twenty first day of September one thousand eight hundred and eleven. The purchaser shall require the production of or investigate or make any objection or requisition in respect of the prior titles respectively whether such prior titles appear by recital statement or otherwise or do not appear at all. The purchaser shall not require the production of the lessors title so the original lease of or of any other document relating to the said cottages and gardens dated prior to the said fourth day of October one thousand eight hundred and two. 4. The leasehold cottages and gardens as part of the personal estate of the said William CLEMENT are charged with the payment of an annuity of Twenty five pounds during the life of a person now in the eighty fourth year of her age. The purchaser shall not make any objection in respect of such annuity nor require a release of the same but shall be entitled to and be satisfied with the vendor’s bond in the penal sum of Two hundred pounds for payment of such annuity to the person entitled thereto during the remainder of her life and to indemnify the purchaser against the claims of the said annuitant. 5. Every deed and document dated more than thirty years ago shall be conclusive evidence of everything recited stated noticed assumed or implied therein. 6. The expense of obtaining and making all office attested and other copies of or extracts from records registers deeds wills probates letters of administration and other documents whether in the vendors possession or not shall be borne by the purchaser. 7. The purchaser shall not require or be entitled to any other evidence of the identity of the property than a declaration to be made (if required) that the purchased property has been enjoyed accordingly so the title for forty years past and upwards. 8. The property is believed and shall be taken to be correctly described as to quantity and otherwise and is sold subject to all herriots reliefs quit and chief rents manorial services and rights of way and water if any charged or subsisting thereon and if any errors misstatement or omission in the particulars be discovered the same shall not annul the sale but a reasonable compensation shall be allowed or paid by the vendor or purchaser as the case may require thereof the amount of such compensation to be ascertained and settled in case of difference by arbitration in the usual manner. 9. The purchaser shall pay the reminder of his purchase money and the value (to be determined as above provided) of the said tillages and other matters on the fifth day of November next at the office of the vendor’s Solicitor at Midhurst or to the vendor or as he shall direct and upon such payment the vendor and all other necessary parties (if and) will execute a proper assurance of the premises to the purchaser at such assurance and every other assurance shall be prepared by and at the expense of the purchaser and every such assurance shall be tendered and left by him before the said fifth day of November next at the office aforesaid. 10. The possession of Varndell Hill Farm except as aforesaid will be delivered to the purchaser on the said fifth day of November next on the completion of the purchase and up to that day the outgoings thereof shall be discharged by the vendor. The rents or possession of the remainder of the property will be received or retained and the outgoings discharged by the vendor up to the said fifth day of November next and as from that day all the outgoings shall be discharged and the rents or possession taken by the purchaser and such rents and outgoings shall if necessary be apportioned between the vendor and purchaser for the purpose of this condition. If from any cause whatever the purchase shall not be completed on the said fifth day of November next the purchaser shall pay interest on the remainder of his purchase money and on the aforesaid value of the villages and other matters after the rate of Four pounds per centum per annum from that day until the purchase shall be completed. 11. The vendor shall furnish an abstract of his title in accordance with these conditions and deliver or send the same to the purchaser or his solicitors within ten days after the date hereof and subject to these conditions shall deduce a good title and the purchaser shall make his objections and requisitions if any) in respect of the title and of all matters appearing on the abstract particular or conditions and send the same to the office aforesaid within twenty eight days from the day of the abstract and in default of such objections and requisitions (if none) and subject to such (if any) shall be deemed to have accepted the title and to have waived all other objections and requisitions And if he shall make any objection or requisition as to the title or abstract or evidence of title particular conditions conveyance or otherwise which the vendor shall be unable to remove or comply with the vendor may by notice in writing to be given to the purchaser or his solicitors at any time and notwithstanding any negotiation or litigation in respect of such objection or requisition annul the sale and purchaser shall thereupon be entitled to the return of his deposit but without any interest costs of investigation the title or other compensation or payment whatsoever. The Schedule above referred to An estate called Varndell Hill Farm and Shawford situate in the Tything of Ambersham North in the parish of Steep in the County of Southampton and in the parish of Farnhurst in the County of Sussex. Particulars of Land in the Tything of Ambersham North
Mill Coppice	Wood	6..1..4
Mill Field	Arable	6..0..14
Shaw	Wood	0..0..38
North Side Coppice	Wood	26..1..26
Over-the-road field	Arable	10..0..0
Windmill Field	Arable	8..1..24
Birch Field	Arable	6..3..33
Old Barn Field	Arable	4..0..18
Lower Moor	Pasture	4..1..0
Wood under the Hedge	Wood about Arable about	12..0..37 2..2..0
Lower pond piece	Pasture	1..1..2
Shaw	Wood	0..0..13
Four acres	Arable	4..0..23
Gosling Field	Arable	6..0..27
Barnfield	Arable	13..1.10
Shaw	Wood	0..1..32
Yard		0..0..29
Farm Yard		0..1…22
House and Garden		0..2..12
Road to Fields		0..2..23
Upper Moor	Pasture	4..2.8
South Down Coppice	Wood	9..1..31
Nine Acres	Arable	10..1..20
Carthouse Field	Arable	12..3..4
Well Field	Arable	3..2..15
The Danes Coppice	Wood	3..3..24
Cottage and Garden		0..2..13
	Total	157..3..22
The above is freehold subject to a tithe rent charge apportioned of eighteen pounds fourteen shillings and eleven pence Land tax Five Pounds one shilling and five pence Quit rent eight shillings and eight pence.   Particulars of Land in the Parish of Farnhurst
Old pond Mead	Pasture	0..1..25
Sharford Coppice	Wood - about Arable – about Meadow - about	24..2..36 3..2..0 5..0..0
Sharford Great Coppice	Wood	21..2..5
Sharford Cottages and Gardens		0..1..27
	Total in Farnhurst	55..2..13
The land in Farnhurst is freehold and tithe free except as to the Old Pond Mead which is subject to a rentcharge apportioned of one shilling and three pence The cottages are freehold for a term of one thousand years from Michaelmas one thousand six hundred and eleven at a peppercorn rent. The whole is subject to a land tax of One pound twelve shillings. The freehold is subject to a Quit rent of three shillings and two herriots of the best live beast at death.   Particulars of Lowder Mill and Land belonging thereto All that freehold Mill called Lowder Mill with the freehold meadows ponds and appurtenances thereunto belonging containing in the whole Twelve acres situate in the Tything of Ambersham North aforesaid and in the parish of Haslemere in the County of Surrey now in the occupation of Mr John LUCAS Junior. Subject to an apportionment tithe rentcharge of Three pounds nine shillings and one penny Land at Two pounds Quit rent six pence. There is a public Footway through the property leading from a point near the South east corner of the North side Copse to the head of the Mill pond near Lowder Mill and a public Bridle and Footway leading through the lands called Sharford. John Lucas by Edwin Albery His Attorney & agent
Declaration by Richard VOLLER in connection with the Sale Agreement for the Varndell Hill Estate from John LUCAS to Herbert G YATMAN in 1863 [Fernden Hill including Lowder Mill and Shalford] I Richard VOLLER of Camels Dale in the parish of Farnhurst in the County of Sussex Laborer do solemnly and sincerely declare as follows: 1. I am now in the eighty fourth year of my age and was born in the parish of Haslemere in the County of Surrey and near to the said parish of Farnhurst. 2. I know and am well acquainted with the estate farm and lands called Varndell Hill and Chawford otherwise Sharford situate in the parish of Steep in the County of Southampton and in the said parish of Farnhurst having worked on the said estate sometime during each and every of the sixty six years now last past The particulars of the several fields closes or parcels of land comprising the said estate are correctly set forth in the first schedule hereunder written the quantities of land stated therein being as I am informed and verily believe taken from the Tithe Commutation Rentcharge apportionments and I say that the said estate farm and lands the particulars of which are comprised in the said first schedule have been during the whole of the last forty years and upwards in the possession of William CLEMENT late of Varndell Hill aforesaid Yeoman deceased who died in the year one thousand eight hundred and thirty for and of his nephew Mr John LUCAS who succeeded him in the ownership of the same. 3. I remember the late Mr Robert CLEMENT the father of the said William CLEMENT and his wife Amy. I was a farm servant at and resided in the farmhouse of Varndell hill Farm at the time of the death of the said Amy CLEMENT. The said William CLEMENT was to the best of my belief never married. 4. I also know and am well acquainted with the Mill called Lowder Mill and the Dwellinghouse (which formerly comprised a residence for the Miller and three small cottages/garden ponds and Lands adjoining situate partly in the parish of Haslemere aforesaid. The particulars of the same last mentioned Mill Dwellinghouse Garden ponds and Lands are correctly set forth in the second Schedule hereunder written being taken as I am informed and verily believe from the Tithe Commutation Rentcharge Apportionment and I say that the same last mentioned premises particulars whereof are set forth in the said second schedule and which formerly belonged to Mr George MURRELL have to my knowledge been in the undisturbed possession of the said John Lucas continuously from the year one thousand eight hundred and thirty four to the present time. The first Schedule before referred to Particulars of Land in the Tything of Ambersham North In the parish of Steep
Mill Coppice	Wood	6..1..4
Mill Field	Arable	6..0..14
Shaw	Wood	0..0..38
North Side Coppice	Wood	26..1..26
Over-the-road field	Arable	10..0..0
Windmill Field	Arable	8..1..24
Birch Field	Arable	6..3..33
Old Barn Field	Arable	4..0..18
Lower Moor	Pasture	4..1..0
Wood under the Hedge	Wood about Arable about	12..0..37 2..2..0
Lower pond piece	Pasture	1..1..2
Shaw	Wood	0..0..13
Four acres	Arable	4..0..23
Gosling Field	Arable	6..0..27
Barnfield	Arable	13..1.10
Shaw	Wood	0..1..32
Yard		0..0..29
Farm Yard		0..1…22
House and Garden		0..2..12
Road to Fields		0..2..23
Upper Moor	Pasture	4..2.8
South Down Coppice	Wood	9..1..31
Nine Acres	Arable	10..1..20
Carthouse Field	Arable	12..3..4
Well Field	Arable	3..2..15
The Danes Coppice	Wood	3..3..24
Cottage and Garden		0..2..13
	Total	157..3..22
Particulars of Land in the parish of Farnhurst
Cottage and Garden		0..1..27
Old Pond	Wood	0..1..25
Copse	Wood	28..1..7
Road	Road	0..1..15
Copse	Wood	4..1..15
Road		0..0..28
Road		0..1..26
Copse	Wood	21..2..5
	Total in Farnhurst	55..3..28
The Second Schedule before referred toParticulars of Lowder Mill and Lands adjoining
In the parish of Steep
Cottage and Garden		0..0..16
Garden		0..2..3
Meadow	Meadow	3..3..9
Meadow	Meadow	2..2..15
Lowder Mill and Yard		0..0..20
Mill pond		0..3.39
Mill pond		0..3.32
The Rough	Pasture	0..3..30
Pond		0..1..27
The Rough	Pasture	0..1..2
In the parish of Haslemere
Little Mead		1..1..31
	a	12..0.24
And I make this solemn declaration consciously believing the same to be true and by virtue of the provisions of an Act made and passed in the sixth year of the reign of his late Majesty King William the Fourth entitled “An Act to repeal an Act” of the present Session of parliament entitled “An Act for the more effectual abolition of Oaths and Affirmations taken and mad in various departments of the State and to substitute declarations in lieu thereof and for the more entire suppression of voluntary extrajudicial Oaths and Affidavits and to make other provisions for the Abolition of unnecessary oaths”. X Declared and subscribed at Blackdown in the County of Sussex this second day of November one thousand eight hundred and sixty three Before me And I do hereby certify that the above declaration as first read over in my presence to the above named Richard VOLLER and that he seemed perfectly to understand the same and made his mark thereto in my presence. James Henry JP for Sussex

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