Lot 2: 4.25 acres or thereabouts (Coloured Purple on the Plan)

For Sale by Auction Tuesday 16th August 2022 (subject to conditions and unless sold previously.)

A single enclosure of productive meadow and pastureland with access both from the track leading from the Hill and from Castle Haw Lane. The land benefits from a natural water supply including through a pipe feeding water from the beck in Lot 1. The property has a principally Southern aspect. Lots 1 and 3 have access rights coloured dark green and light blue on the plan reserved across lot 2. The owners of Castle Haw have a right of access in the south eastern corner of Lot 2 (hatched red and yellow).

The land forms a valuable and productive block of meadow and pasture land which has formed part of Hill Farm and Castle Haw farm. The land is principally of a Southern aspect and lies within the SDA area of the LFA classification. All the Lots benefit from Common Grazing Rights on Brantfell which lies immediately to the North of the property. Each Lot benefits from a natural water supply.

The property is located to the immediate North East of the market town of Sedbergh and access to all lots can be gained by travelling from main street, turning left on to Joss Lane and following Joss Lane up and round to the right. Continue on Joss Lane until you come to a field gate. At this point enter the field and continue on the track coloured pink on the plan shown by taking the left hand of the two tracks and continuing round. All Lots have a right of way along this track to gain access from Joss Lane. In addition Lot 2 has a further access which can be gained direct off Castle Haw Lane which leads into the South Eastern corner of Lot 2.

Each Lot benefits from Common Rights registered to the property with Lots 1 and 2 benefitting from Rights registered on CL26 Brantfell entry number 79 and Lots 3 to 5 benefitting from Rights entered on the same register at entry 78. We have set out in the schedule below our estimate of the Rights which will be attached to each Lot however we would confirm that this is purely our estimate and the actual number will be calculated by the Commons Registration Authority and may differ from the indicative numbers given in the schedule below. The calculations have been carried out in good faith but in the event that the Commons Registration Authority amend or alter any of those figures this shall not annul the sale nor entitle any Purchaser to compensation or in any circumstances give ground for any action at Law.

The Basic Payment for 2022 has been claimed by the Vendor and will be retained by the Vendor. The Vendor intends to enter in to the Lump Sum Exit Scheme and therefore no Entitlements will be available with the land.

GENERAL REMARKS AND STIPULATIONS

LOCAL SERVICE AUTHORITIES:

Cumbria County Council –The Courts, Carlisle, CA3 8NA [use Contact Agent Button]

South Lakeland District Council - South Lakeland House, Lowther St, Kendal LA9 4UF. [use Contact Agent Button]

Electricity North West - Parkside Road, Kendal, Cumbria LA9 7DU [use Contact Agent Button]

United Utilities - Lingley Mere Business Park, Lingley Green Avenue , Warrington, WA5 3LP. [use Contact Agent Button]

National Park – Wayfaring House, Murley Moss Business Park, Oxenholme Road, Kendal LA9 7RL [use Contact Agent Button]

PARTICULARS OF SALE:

The descriptive particulars (but not the stipulations and special conditions of sale) do not constitute, or constitute any part of any offer or Contract and all statements made herein are made without responsibility on the part of the Auctioneers or the Vendor. All intending purchasers should satisfy themselves as to their correctness. The Vendor does not make nor give and neither Richard Turner & Son nor any person in their employment has any authority to make or give any warranty as to the land and property.

SALES PARTICULARS AND PLANS:

The plan and quantities are based upon the latest available editions of the Ordnance Survey/Rural Land Registry maps as revised by the Auctioneers. Such plan and quantities and these particulars are believed to be correct but any error or omission or mis-statement shall not annul the sale nor entitle either party to compensation or in any circumstances give ground for any action at Law.

TENURE AND POSSESSION: The land and property is freehold and vacant possession will be given on completion.

SPORTING AND MINERAL RIGHTS: The sporting rights and mineral rights are included in the sale in so far as they are owned

TIMBER AND WOOD: All growing timber and fallen timber are included in the sale.

FIXTURES AND FITTINGS: All fixtures and fittings are excluded from the sale, unless they are expressly stated as being included.

TOWN PLANNING AND LOCAL LAND CHARGES:

So far as the Vendor is aware the present use of the property is in accordance with the Town and Country Planning Acts. No requisition shall be raised in regard to the user or otherwise in relation to the said Acts and the Vendor shall not be required to give any further information in regard to the Town and Country Planning. The land is sold subject to:

a) all local and land charges and any requirements enforceable by any local or other Public Authority.

b) all encumbrances and other matters, the existence of which can or ought to be discovered by enquiry of any Local or other Public Authority and the Purchaser shall not be entitled to any compensation or right of rescission in respect thereof.

RIGHTS AND EASEMENTS:

The land is sold and will be conveyed with the benefit of and subject to the burden of all existing rights of way, all rights for the installation and or continuance of any means of supply of water, gas or electricity, all rights for drainage and sewerage and any other pipelines over or under the land, together with all necessary rights of access for maintenance, renewal and repair of any apparatus or constructions in connection with such rights.

OVERHEAD ELECTRICITY & TELEPHONE LINES & UNDERGROUND CABLES:

The Purchaser of the land shall take it subject to such wayleave as affects the same and shall be responsible to notify the appropriate authority of his interest.

DISPUTES:

Should any dispute arise before or after the date of completion between the Vendor and the Purchaser as to the interpretation of the particulars, or any matter whatsoever arising therefrom, or thereout, that matter in dispute shall be referred to the arbitration of RICHARD TURNER of Richard Turner & Son, Royal Oak Chambers, Main Street, Bentham, whose decision shall be final and binding on the parties in dispute.

INSURANCE:

As from the date of sale/signing of the Contract, the property shall be at the sole risk of the purchaser(s) and he/they shall effect his/their own insurance's accordingly.

MISREPRESENTATION ACT 1967:

Richard Turner & Son, for themselves and for the vendors or lessors of these properties whose agents they are, give notice that these particulars do not constitute any part of an offer or a contract. All statements contained in these particulars as to these properties are made without responsibility on the part of Richard Turner & Son or the vendors or lessors, none of the statements contained in these particulars as to these properties are to be relied on as statements or representations of fact and any intending purchasers or lessees must satisfy themselves by inspection or otherwise as to the correctness of each of the statements contained in these particulars. The vendor or lessors do not make or give and neither Richard Turner & Son nor any person in their employment, has any authority to make or give any representation of warranty whatever in relation to these properties