The Conveyance for the land at Futherwick Park

From Fred McCave’s Bulletin 1984

This is a conveyance of the land in Furtherwick Road (now part of the school site) where Canvey’s Hospital was to have been buiIt. It is dated May 7, 1937. Mr H Price Powell sold it to the officers of the fund. Mr Brassington was an island printer and Mr Phillips a prominent local resident.

After the war the ground was sold to the Essex County Council. All hospital funds went to establish Little Gypps’ Occupational Centre.
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This Conveyance is made the seventh day of May One thousand nine hundred and thirty seven between Herbert Price Powell of Canvey Island in the County of E ssex Esquire (hereinafter called “the Vendor”) of the one part and John Brassington of “Delosina” Hall Crescent Hadleigh in the County of Essex Printer and Stationer George Charles Phillips of “Georgina Lodge” Oxfrrd Raad Canvey Island in the said County of Essex Gentleman and Edith May Fisk of “Dalehurst” Furtherwick Road Canvey Island in the said County of Essex married woman (hereinafter called “the Purchasers”) of the other part whereas the Vendor is the Estate Owner in respect of the land hereinafter described and intended to be hereby conveyed and has agreed t o sell the same to the Purchasers for the sum of Four hundred and ninety one pounds thirteen shillings and fourpence for the purpose of an Emergency Cottage Hospital only now this deed witnesseth that in pursuance of the said agreement and in consideration of the sum of four hundred and ninety one pounds thirteen shillings and fourpence now paid by the Purchasers to the Vendor (the receipt of which the Vendor doth hereby acknowledge) he the Vendor as Beneficial Owner doth hereby grant and convey unto the Purchasers all that piece or parcel of land situate at Canvey Island in the County of Essex abutting upon a road there called Bramble Road and having a frontage thereto of Two hundred feet (be the same little more or less) and extending Northward from the said Bramble Road to a dike or ditch and a fence bounding the same on the said North side the position and configuration of which land hereby conveyed is more particularly shown and described on the plan drawn hereon and thereon coloured pink to hold the said land unto the purchasers in fee simple subject only to the rights of the Essex Rivers Catchment Board and any public authority having jurisdiction on Canvey Island and subject to the restrictions set out in the Schedule hereto and is hereby declared that the exercise of any power of sale given by statute to the Purchasers is indefinitely postponed so long as the land is required and used for the purpose of an Emergency Cottage Hospital aforesaid and the Vendor acknowledges the right of the Purchasers to production of a Deed of Conveyance dated the Second day of March One thousand nine hundred and twenty and made between Allen Charles Cole and Frances Merson Fisher of the one part and the Vendor of the other part and to copies thereof and it js hereby certified that the transaction hereby affected does not form part of a larger transaction or sereis of transactions in respect of which the value of the consideration or aggregate value of the consideration exceeds Five hundred pounds.

IN WITNESS where of the said parties here to have here unto set their hands and seals the day and year first above written.

1. THE Purchasers shall within seven years from the date of Conveyance to them erect a building upon the land conveyed and until such erection shall keep the land properly fenced and shall not let it except for grazing purposes and shall not permit it to be otherwise used.

2.Such building shall be erected in conformity with the Byelaws of the Canvey Island Urban District Council and no construction shall be commenced until the plans of the proposed building have been submitted to and approved by the Vendor. No document shall amount to an approval under this clause unless in writing under hand of the Vendor.

3.Such Building shall be used for the purpose of an Emergency Cottage Hospital with an average accommodation not exceeding six beds for the accommodation of non-infectious cases and for no other purpose. In this clause the term “Emergency Cottage Hospital” shall mean a hospital conducted for the treatment of non-infectious cases  such as can be effectively treated with the limited facilities ordinarily to be expected to exist at an institution so named. In particular no operations shall be performed (except minor operations) and the hospital shall be conducted so as to  be free from nuisance or annoyance to the neighbours in the vicinity such as loud screams through open windows and the like sometimes occurring at a general hospital and nothing shall be permitted to be carried on at such hospital that can be reasonably termed a nuisance or annoyance to the Vendor or the neighbours or which would tend to depreciate the value of property on the Estate.

If any dispute shall arise as to the meaning of any terms or word used in the clause it shall be referred to the chairman of the Canvey Island Urban District Council for the time being whose decision shall be final.

4. No building on the land shall be allowed to fall into disrepair or to become derelict and in the event of partial or total destruction of any such building howso­ever caused the owner for the time being shall cause the same to be restored or rebuilt within twelve months of such partial or total destruction.

5. Nothing shall be done upon the land which may be or become a nuisance to the adjoining owners or occupiers. Nothing in Stipulations Numbers 3 and 4 shall be deemed to empower or assent to any breach of this clause.

6.No artesian well or other appliance for withdrawing water from beneath the surface of the land shall be sunk or erected upon the said land and no part of the soil shall be removed from the respective parcels of land.

7.The building or buildings aforesaid upon the land shall not be used for the emergency treatment of notifiable infectious diseases and no tent or tents for the reception of patients shall be erected upon the land.

These stipulations are intended to run with the land and annexed thereto.

8.The Vendor reserves the right to waive all or any of these restrictions but no waiver shall be implied by conduct or circumstances or be effective unless in writing and under the hand of the Vendor.

9.The Vendor also reserves the right of objection to anything not provided for in the  foregoing clauses which may be carried on or caused or permitted by the Purchasers on land conveyed which is clearly to the detriment of the surrounding property or to his interests and to demand the cessation thereof.

Signed sealed and Delivered by the Vendor Herbert Price Powell in the presence of G.E. Mitchell, Small Gains Canvey Island. (Sec)

Signed Sealed and Delivered by the Purchasers John Brassington, Geo. C. Phillips Edith May Fisk in the presence of H.W.Partridge, 6 Howard Place, Canvey Island, Essex