April 4, 1953 10-10.30 a.m. (By Post)
Disp. by Robert C.T. Mair - To Robert Thomson.
I, ROBERT CUMMING THOMSON MAIR, residing at Castlebrae, Kirkfieldbank, Lanark, heritable proprietor uninfeft of the subjects hereinafter disponed IN CONSIDERATION of the price of THREE HUNDRED AND SIXTY POUNDS paid to me by ROBERT THOMSON, residing at Lawhead Cottage, Tarbrax, West Calder, of which I acknowledge receipt, have SOLD and hereby DISPONE to the said ROBERT THOMSON and his heirs and assignees whomsoever heritably and irredeemably (In The First Place) ALL and WHOLE that plot of ground part of the lands of Lawhead, Tarbrax and others lying in the Parish of Carnwath and County of Lanark extending said plot of ground to seven acres and nine one hundredths parts of an acre or thereby Imperial Standard Measure as delineated and coloured red on the Plan annexed and signed relative to the Disposition after mentioned and bounded as follows videlicet:- On the North by the Public Highway leading from Auchengray to the Main Road between Carnwath and Edinburgh, along which it extends from the point A on the said plan to the point B on the said plan One hundred and sixty one feet or thereby; on the East, North, North-East, South-East and South by other parts of the said lands of Lawhead Tarbrax and others along which it extends as follows:- on the East from the said point B to the point C on said plan seven hundred and eighty two feet or thereby; on the North from the said point C to the point D on said plan twelve feet or thereby; on the North-East from the said point D to the point E on plan following the bend One hundred and ninty-two feet or thereby; again on the East from the said point E to the point F on said plan twelve feet or thereby; again on the North from the said point F to to the point G on said plan Two hundred and twelve feet or thereby; again on the East from the said point G to the point H on said plan ninty five feet or thereby; again on the north-east from the said point H to the point I on said plan thirteen feet or thereby; on the South from the said point I to the point J on said plan following the bend ninety feet or thereby; and again on the East from the said point J to the point K on said plan Two hundred and eighty feet or thereby. On the South by a service road leading from the first mentioned public highway along which it extends from the said point K to the point L on said plan following the bend Four hundred and seventy two feet or thereby And on the West by a continuation of the aforesaid service road along which it extends from the said point L to the said point A One thousand two hundred and fifty-five feet or thereby all of said measurments being calculated from the Ordnance Survey Edition of Nineteen hundred and eleven Lanarkshire Sheet XXI I, which plot of ground above disponed is part and portion of All and Whole the lands of Lawhead, Tarbrax and others lying in the said Parish and County all as more particularly described in the Instrument of Sasine in favour of David Robertson Souter, Accountant, Gloucester Place, Edinburgh, recorded in the General Register of Sasines the fifteenth day of August, Eighteen hundred and fifty-five together with the teinds parsonage and vicarage of the said plot of ground above disponed so far as have right thereto whole parts pendicles and pertinents thereof and our whole right title and interest present and future therein; (In The Second Place) a joint right in common with Thomas Skene Esson and George Francis Dalziel, both Writers to the Signet in Edinburgh and their successors in the Farm of Lawhead forming part the said lands of Lawhead, Tarbrax and others to the spring water and collecting tank situated at the point marked M on said plan on our said lands of Lawhead to the north-east of the plot of ground above disponed in the First Place with a heritable and irredeemable servitude right of conveying away the water therefrom by means of and in accordance with the existing outlet from said tank and supply pipes leading from said tank through our said lands of Lawhead along the lines coloured blue on said Plan and with a right of access to and along the line of said pipes and to the said tank for the purpose of cleaning maintaining and if necessary renewing the same, the said disponee and his foresaids being bound however always to make good any damage that may be done to the said lands of Lawhead in consequence of his or their operations, and the foresaid right to said spring and to the supply of water therefrom being always burdened with a servitude in favour of the said Thomas Skene Esson and George Francis Dalziel and their successors in (Primo) the Lodge lying to the north of the plot of ground hereby disponed in the First Place marked R on said Plan and (secundo) the Gardener's House lying to the West of said plot of ground marked S on said Plan of a supply of water to said Lodge and Gardener's House respectively by the existing supply pipes thereto; Declaring as it was by the Disposition granted by the said Thomas Skene Esson and George Francis Dalziel in favour of the Education Authority of the County of Lanark dated Seventh and recorded in the Division of the General Register of Sasines applicable to the County of Lanark on the Eleventh both days of April in the year Nineteen hundred and twenty-one declared that the said Thomas Skene Esson and George Francis Dalziel and their successors shall always be bound to maintain the existing supply pipe coloured black on said Plan serving said Lodge marked "R" from its junction with the branch pipe coloured blue on said Plan and also the cistern situated in the outhouse at Lawhead Mansion House and the supply pipe coloured violet and said Plan leading from said cistern to said gardener's cottage marked "S" on said Plan and having a right of access along the lines of said pipes coloured black and violet so far as within said plot of ground above disponed for the purpose pf cleaning, maintaining and if necessary renewing said pipes coloured black and violet and said cistern and being always bound to make good any damage done to the surface of the said plot of ground above disponed by their operations; Declaring further, as it was by the said Disposition declared that the said Thomas Skene Esson and George Francis Dalziel and their successors in Lawhead Farm shall be entitled to continue to draw water from the foresaid tank but only by the existing outlet therefrom to the line of pipes coloured yellow on said Plan leading to Lawhead Farm and declaring that they and their successors shall be in no way liable for any lessening of the supply of said water in the said spring; And (In The Third Place) a heritable and irredeemable right of servitude and wayleave for a drain pipe for the purpose of conveying the overflow from the existing septic tank situated on said plot of ground above disponed at the point marked O on said Plan along the line coloured red on said Plan and of discharging the said overflow into a ditch situated on the said lands of Lawhead at the point marked P on said Plan and of a right of access to and along the line of said pipe coloured red for the purpose of cleaning repairing and if necessary renewing the same the said disponees and their foresaids being bound however always to keep the said ditch into which said overflow is discharged properly cleaned and in such a condition as to avoid any nuisance being created, and also to make good any damage that may be done to the other lands belonging to the said Thomas Skene Esson and George Francis Dalziel in consequence of their exercise of said right of wayleave operations; With entry at the term of Martinmas Nineteen hundred and fifty two notwithstanding the date hereof; Which subjects were last vested in Gilbert Robertson Mair, late Schoolmaster, Spiers School, Beith, thereafter residing at Forty one Garthland Drive, Glasgow and who latterly resided at Lawhead House, Tarbrax in the County of Lanark, whose title thereto is recorded in the said Division of the General Register of Sasines for the County of Lanark on the Seventh day of October Nineteen hundred and thirty-seven and from whom I the said Robert Cumming Thomson Mair acquired right by Decree of General Service in my favour as nearest and lawful heir in general to the said Gilbert Robertson Mair expede before the Sheriff of Chancery and dated at Edinburgh on the Eleventh recorded in Chancery and extracted on the Twelfth both days of March Nineteen hundred and fifty three; And I assign the Writs and have delivered the same conform to Inventory of Writs annexed and signed as relative hereto and I assign to my said disponee and his foresaids all right competent to me to call for exhibition or delivery of the prior writs and searches; And I assign the rents; And I bind myself to free and relieve the said disponee and his foresaids of all feuduties and public burdens: And I grant warrandice; And I certify that the transaction hereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value or the aggregate amount or value of the consideration exceeds Five Hundred Pounds; And I consent to registration hereof for preservation; IN WITNESS WHEREOF these presents typewritten upon this and the preceding page for Morrison and Smith, Solicitors, Lanark, are, together with the Inventory of Writs annexed, subscribed by me at Keith, Banffshire, on the Twenty eighth day of March Nineteen hundred and fifty three before these witnesses James Anderson, Retired Veterinary Surgeon, residing at "Craigisla", Keith and Henry McConachie, Undertaker and Motor Hirer, residing at "Holmhill", Station Road, Keith.