Memorantum of agreement made and entred into this 24th day of January 1850 between Basil Mylrea of the town of Peel and Thomas Cholmondeley of the town of Castletown esq

Whereas the said Basil Mylrea is proprietor by purchase from James Woods of that house, yard and offices situate in Bridge St in the said town of Peel and now in his possession and Thomas Chomondeley is proprietor by purchase from the said James Woods of that field and premises lying to the east of said house and yard

And whereas the level of the surface of the said Thomas Cholmondeley's field is considerably higher than the level of the surface of the said Basil Mylrea's yard and the boundary wall which at present stands between the said premises is not of sufficient height to be of use or safety as a boundary to the said Cholmondeley's field

And whereas a dispute arose some short time ago between the said parties respecting the said boundary and also respecting certain excavations opening from the said Mylrea's yard through the said boundary wall and extending under the surface of the said Thomas Cholmondeley's field and also respecting a privvy which opens from the said Mylrea's yard and is built in the south west corner of said Thomas Cholmondeley's field the top or covering of which said privvy is nearly in a level with the surface of said field

And whereas the said parties have come to an amicable agreement respecting the said disputes

Now these presents witness that the said Basil Mylrea and the said Thomas Cholmondeley do hereby covenant and agree to and with eachother and do bind and oblige themselves, and their respectives heirs and assigns in manner following - that is to say

That the wall at present standing to the east of said Mylrea's yard and as marked from letter A to B on the plan attached hereto is and shall always hereafter be the line of boundary between their respective properties and that the said wall shall be raised to the same height as the wall dividing the said Cholmondeley's field from Halsall's premises adjoining, the expense of building such new wall shall be paid equally between them and that when such new wall shall have been built the same as the level from Thomas Cholmondeley's field shall always hereafter be kept in repair by them, their heirs and assigns equally between them save as hereafter provided - that is to say - the lower portion of the wall from the level of the surface of Mylrea's yard to the level of the surface of Cholmodeley's field shall always be kept in repair at the sole expense of the said Basil Mylrea, his heirs and assigns and in case the said new portion of wall shall fall or give way in consequence of any insufficiency or want of repair in the said lower portion the whole is to be made up and repaired at the expense of the said Mylrea

And further that the said Basil Mylrea shall within the space of one month fill and shut up the several excavations opening from his yard, through the said wall and running under the surface of the said Thomas Chomondeley's field (with the exception of the privvy) and build up the openings in the said wall

And further that the said Thomas Cholmondeley shall permit and allow the said privvy to remain as it is, provided the said Basil Mylrea, his heirs and assigns shall and will at all times keep the walls and roof of the said privvy in good and substantial repair - it being clearly understood that the said Basil Mylrea shall not have any right to any portion of the surface of the said Cholmondeley's field or any right above the roof of the said privvy - and that the said Thomas Cholmondeley shall have a right to cover over the said roof of the said privvy with soil or build over it if he should wish

And further if the said Basil Mylrea shall require to replace the roof of the said privvy he shall have a right to remove the soil in the said Cholmondeley's field over the said privvy for that purpose, he the said Mylrea replacing the said soil and making good any damage which may be occasioned by such removal or repairs

And for the true and faithful performance hereof the parties bind and oblige themselves, their heirs and assigns ..... by these presents

Witness their names the date aforesaid

Thomas Cholmondeley

Basil Mylrea his X mark

Signed and duly executed in presence of

Robert Moore

William Cowley

At Peel the 24th January Thomas Cholmondeley esquire and Basil Mylrea the executing parties to the before written Agreement severally acknowledged the same to be their proper act and deed. Before me R. Harrison H.B.

Register Office 19th February 1850

I certify that the foregoing deed was this day at the hour of one o''clock afternoon received by me at this office for the purpose of being registered and recorded according to law and that the same is entered in the Registration Book 1 page 62 as 494

J.E.B. Watt D.R.

[Ref: ... Feb 1850 #17] [LV 1852 Woods to Cholmondeley, Chomoldeley to Reginal Cholmondeley]


  1. A dispute between neighbours over the affects of one neightbour''s privvy on the other's field, less than a year after Basil purchased his property. Cholmondeley's property backed onto Basil's Red Lion Inn (see attached drawing)
  2. Basil was the youngest son of Edward Mylrea & Susannah Cashen, born KK German 1691, and the grandson of Edward Mylrea and Alice Quayle of Arbory/Malew
  3. He married Jane Garrett in Peel 1828. Five children: Edward (1832), Basil (1833), Susannah Alice (1836), Elizabeth Price (1838), Philip (1840)
  4. Basil was a mariner, and a publican in Peel. Hotel was called White Lion, in Bridge St
  5. Jane died 1872
  6. Sons: Edward spent most of his life in London and was a master organ builder; Basil lived in Manchester and was a master jeweller, Philip went first to Australia then to the US where he died at a young age
  7. Thomas Cholmondeley was English, but married Jane Christian Munn in 1828. He died in Christchurch, NZ in 1884. He probably arrived in Christchurch in 1851

Associated Documents

Last updated: Feb 2020