Interpretation of two clauses in 1670 indenture

[Bluenails]

A 1670 indenture involving Rebecca Page widow of Richard Page has been transcribed and is attached. In it Richard by his will of 1667 required Rebecca to sell his property. Rebecca is selling a messuage of 20 perches to Thomas Carter. The relevant passages are depicted in red.

1. As there is no mention of a late or former occupant, could that be an indication that it had been newly built?

Lands to the north and east are determined with names. The south end of the messuage mentions other lands late of the said Richard Page, with access to a strip of land, presumably for maintenance. The west seems also to belong to the late Richard Page, viz: "liberty to set up ladders upon some convenient part of the other lands of the said Richard Page adjoining to the messuage aforesaid And to do all other things needful to be done in and about the repairing and amending of the said messuage".

It goes on to say, "EXCEPTED and always reserved out of this present grant bargain and sale free liberty to set up ladders upon some convenient place of the lands before mentioned to be bargained and sold to repair and amend the barn standing on other lands late of the said Richard Page near adjoining thereunto And to do all other things needful and necessary for the repairing of the same barn so often as need shall require doing no wilful hurt or damage to the said Thomas Carter his heirs or assigns ..."

2. My question is about the likely location of that barn and its ownership. Does it seem to indicate that the barn is quite close to the messuage sold to Thomas Carter, and that the barn now belongs to Thomas Carter?
 
I have an image of the indenture which is too big in memory to post on this site. But I can send it to interested people.

Any help would be appreciated.

[sunnylew]

Hi Bluenails,

It could be a little arbitrary as to whether a former occupant was listed or not, and in this case, they don't seem to have listed any former occupants for any of the lands that bound the Messuage.

Rebecca is selling land that is "parcell of the lands and tenements appointed By the said Richard Page by his saide last will to bee Sold." So this is only part of the property to be sold.

The Messuage would be a house with the accompanying land within which it was enclosed, and Carter is buying an additional "one ffoote and a f..?? in bredth" at the Southern end, which is essentially just extending his property further south. Perhaps the "f...??" could be a furlong?

The Barn must stand immediately South of this additional land on the remainder of the Page family property.

It could be that this was an access way to the rear of the Messuage or to the Barn which was built on the plot of land to the South. Carter wishes to buy it and add it to his own plot, but as it is so near to both Barn and House, they have made an agreement to forestall any arguments over reasonable upkeep of the properties.

There may be more in a Manorial Record if they are extant, although there is no mention of whether the Land is Freehold or Copyhold, so Manor Courts might be a dead end.

[Bluenails]

Thanks sunnylew. Much to think about. I have other deeds that might help. And I can always move back from the 1840 Tithe Map and the OS engineers' field drawings. The latter were done for this part of east Kent in 1789. By the way I have a photo of that 1670 deed and I reckon that it is a foot and a half (that f from other spellings looks more like h).