Great opportunities for fans

[DarloOnTheUp]

Carlos Logan's Run
Dan Burn Wood
Jefferson Louis Lane

[MKDarlo]

There are still people who need to look up what a restrictive covenant is and how it is enforced.

I've looked it up - this it what I found, it pretty much sums up the situation at Feethams, unless you care to enlighten me MKDarlo?

"What are restrictive covenants?

A restrictive covenant is a promise by one person to another, (such as a buyer of land and a seller) not to do certain things with the land or property. It binds the land and not an individual owner, it "runs with the land". Which means that the restrictive covenant continues over the land or property even when the current owner(s) sells it to another person. Restrictive covenants continue to have effect even though they may have been made many years ago and appear to be obsolete.
- See more at: http://www.landregistry.gov.uk/public/f ... g4k8k.dpuf "

Whilst that is correct on the face of it and provides a good description of what a restrictive covenant is it offers nothing regarding how you enforce a covenant. That is the real issue.

Firstly, the covenant must “touch and concern” the land. In other words, it must affect the land and not merely be of personal benefit to the original party. It must also clearly state it is to "run with the land"

Secondly, You must prove you own the land AND the benefit of the covenant has passed to you

Thirdly, the covenant must be properly registered with the Land Registry or recorded in the title deeds of an unregistered property. It must also be genuinely restrictive in its nature. Additionally for an unregistered property the covenant may have been registered as a class DII Land Charge (depending on the date)

Fourthly, there must have been no common ownership of the dominant (subject to covenant) & servient (granting covenant) land at any time since the creation of the covenant.

Fifthly you must comply with the rule created by Hepworth v Pickles [1900] 1 Ch 108 states that if a covenant has been openly breached for 20 or more years it becomes unenforceable

The identification of who "owns" the benefit determines if any action can be taken. Is it clear who that is? Who owned the land at Feethams?

The second key point is to determine that since the date of the covenant there has been no common ownership of the land. As we were to all intents and purposes tenants at Feethams I think there might have been.

Therefore the owner of the land in question must prove that he has the benefit of the covenant AND that he has suffered a loss by the breech of the covenant. He must then seek redress from the courts, either by way of an injunction preventing work from taking place or by way of damages for the loss of the facility.

Generally enforcing a restrictive covenant is nothing to do with the council unless it is one of the original parties to the document or they meet one of the criteria set out above.

[Darlospike]

You do realise its going to flood, don't you Lane
Tinshed Terrace
Definately so Road
Jesus Christ Ray Avenue
With maybe a bench to remember the fallen worms of the late 90s wormicide. Lest we forget......

[theoriginalfatcat]

Are you a legal type person MKDarlo?

There's more questions than answers and let's not get into it too deep because this thread isn't the place but,

Who owned the land at Feethams?

That would hopefully be the people who sold it and got the £££, right?

[lo36789]

Can't really compete with

Paul Hols Grove
Brian Close
Darren Hollo Way

but given where I live now might as well throw in

Penney Lane

[Spyman]

Martin Gray-nge

[dickdarlington]

Rue de Neves

I'll get my coat...

[Bogratsteve]

Knowles Knoll for the patch of grass that won't flood

[divas]

Shame Tez never played there: Terrace Galbraith

[Spyman]

Tez Street
Scotty lane
Bellsyosio Road
AJ Avenue
Browny close
Aky Walk

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[divas]

Tez Street
Scotty lane
Bellsyosio Road
AJ Avenue
Browny close
Aky Walk

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[Bogratsteve]

Hoss house

Thommo towers

Gotty gardens

Dowson Common

[Spyman]

Hoss house

Thommo towers

Gotty gardens

Dowson Common

Dows common, you mean?

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[Bogratsteve]

Yep sorry about that

[joejaques]

...... and for us old folks:

Moore Mount
Peverell Place
Keeble Close
Robson Road
Yeoman Yard

etc, etc

[HarrytheQuaker]

Senior road


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[Magical Quakers]

Ron Green-er

Steven Walk-late