The 1872 OS survey shows 16 dwellings suggesting that development was finally underway. However, the 1871 census records only 8 households (see reference section) and Upton having several unoccupied properties. Some of these buildings though appear to be owned by absent landlords - possibly speculative rental building not yet drawing tenants.

The early indentures embedded the covenant and are difficult to read legal documents - one continuous sentence manuscript on a sheet of size between A1 and A2.
See a transcript of a typical indenture in the reference section

In essence (paraphrased by the editor) each indenture of a property states the following..
Three Chester speculators - William Shone, Thomas Wood and William Pitt acquired the 13.5 acres of poor farmland for Upton Park from the Brittain family on 4 June 1856. One of the three or ANOther then acquired a number of plots; a single plot or a partplot for £xxx/x/0d. (and then sometimes sells on a subset to a third party) - who then sold on for a specific property to be built generally for the first owner. All the rights established by Pitt, Shone & Wood are 'in perpetuity' i.e. established for their heirs and for anyone that they assigned by such action as by selling any of the land. Pitt, Shone & Wood had acquired right of way through the Mill yard. Each owner takes on the obligation to fund their proportion of establishing all road, sewer, fences etc and then maintain these. For each property sold on the owner took on this maintenance obligation in proportion to their ground area. Every owner took on the revised covenant obligation regarding dwelling density. This states that only one double or two single dwellings to be built per original plot and that these should be to a standard (in current parlance) of not less than Council tax band F or G. Every owner was restricted by covenant to not set up unsightly animal sheds or carry out any business to give nuisance or offence to others.