Item 1 - Counsel's Opinion on Draft Building Contracts for New Square, 1827

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Reference code

JCCA/JCAD/3/CAM/NEWSQ/GEN/3/1

Title

Counsel's Opinion on Draft Building Contracts for New Square, 1827

Date(s)

  • 6 September 1827 (Creation)

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5 items, paper and parchment

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File concerning the legal challenge to the draft building contract. Contains:

(1) legal opinion of the Sir Nicholas Conyngham Tindal (the Solicitor General) regarding the validity of a 40 year building lease granted to Joseph Smith (builder) in 1824. Sir Nicolas ruled that the lease was invalid because there were no buildings on the land at the time of the lease;

(2) a memorandum connected with building houses on New Square;

(3) a letter from Mr Randall addressed to Dr French about the sale of the leasehold and an accompanying letter from Christopher Pemberton (College Solicitor) giving his opinion on Mr Randall's actions;

(4) a declaration by the College respecting the rents of Ropemakers Close and Gravel Close during the unexpired term of the lease granted to Mr William Bullen.

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      Note

      Legal doubts had arisen as to the maximum length of the lease (21 or 40 years) permissible under the legislation governing College land and estates. This was crucial as it determined the time within which the building lessee could recoup his capital outlay. The opinion was that the longer period (ie 40 years) applied only if there was, at the start of the lease, already a building on the land

      Note

      It is probable that the lease to Joseph Smith covered 5-9 New Square

      Note

      Originally in a Box labelled "Cambridge Barnwell 10. New Square (Gravel Close) 1824-1900"
      In a folder entitled "1927 Counsel's Opinion Lease of 1824 Invalid"

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