What's in a Covenant?

[Kati]

I've just heard that a local pub is going to be turned into a "Spar shop" due to the legal team of SPAR appealing to the Upper Tribunal (Lands Chamber) in order to overturn a covenant placed on the land - part of a Category D clearance order in the 60s ...

Apparently there's still 45yrs to go on the covenant, but SPAR are getting it overturned (aren't the locals community active ) and we have until the 4th Dec to put in appeals!!

[Amethyst]

Re: What's in a Covenant?

http://www.thenorthernecho.co.uk/new...pub_into_shop/ - that one ?

[Kati]

Re: What's in a Covenant?

http://www.thenorthernecho.co.uk/new...pub_into_shop/ - that one ?

yep :nod:

[Openlaw15]

Re: What's in a Covenant?

A covenant by a house owner/ landlord is a promise relating to land has to be followed, ie the land must be used for X purpose, or Y cannot do Z without property owner's permission (ie Landlord etc). However, if the covenant is unreasonable the court can intervene in some circumstances.

[Kati]

Re: What's in a Covenant?

Anyone fancy having a look at this and explaining it in plain English please??

[Openlaw15]

Re: What's in a Covenant?

Anyone fancy having a look at this and explaining it in plain English please??

Hello Katie

These are covenants (ie land agreements) entailing restrictive and positive promises. Shall not means the property is restricted (restrictive covenant), ie you cannot do this. Positive covenant means terms such as 'right', 'can', 'discretion possibly.

Examples:

restrictive covenant:

"2 of 4 C: Charges Register continued THE SECOND SCHEDULE abovereferred to 1. No building of any kind shall beerected on the property hereby conveyed or any part thereof exceptin accordance with plans and elevations which shall have been approved inwriting by the Council."

Positive covenant:

"2 (09.01.1991) The land is subject to the following rightsreserved by the Conveyance dated 19 April 1966 referred to above:- "THEREIS RESERVED to the Council in fee simple the following rights:-(1) The right for the Councilits successors assigns lessees andtenants at any time or times hereafter to erector suffer to be erected any buildings or other erections and to alter anybuilding or other erections now standing or hereafter to be erected on any partof its adjoining land and with all such windows and openings for light and airand in such manner in all respects as it may thinkfit without any consent "

[Kati]

Re: What's in a Covenant?

Hello Katie

These are covenants (ie land agreements) entailing restrictive and positive promises. Shall not means the property is restricted (restrictive covenant), ie you cannot do this. Positive covenant means terms such as 'right', 'can', 'discretion possibly.

Examples:

restrictive covenant:

"2 of 4 C: Charges Register continued THE SECOND SCHEDULE abovereferred to 1. No building of any kind shall beerected on the property hereby conveyed or any part thereof exceptin accordance with plans and elevations which shall have been approved inwriting by the Council."

Positive covenant:

"2 (09.01.1991) The land is subject to the following rightsreserved by the Conveyance dated 19 April 1966 referred to above:- "THEREIS RESERVED to the Council in fee simple the following rights:-(1) The right for the Councilits successors assigns lessees andtenants at any time or times hereafter to erector suffer to be erected any buildings or other erections and to alter anybuilding or other erections now standing or hereafter to be erected on any partof its adjoining land and with all such windows and openings for light and airand in such manner in all respects as it may thinkfit without any consent "

so ... what does it mean in regards a pub being turned into a SPAR shop?? :noidea:

[charitynjw]

Re: What's in a Covenant?

so ... what does it mean in regards a pub being turned into a SPAR shop?? :noidea:

Cheaper booze?

:behindsofa:

[Amethyst]

Re: What's in a Covenant?

They can, with permission of the council

3. Except with the consent of the Council not to use or permit to be used the property or any part thereof or any building thereon for the purpose of any shop trade business or profession or manufactory nor to use any building for the time being erected on the property for any purpose other than for the carrying on of the business of Hotelier and licensed victualler

[Kati]

Re: What's in a Covenant?

They can, with permission of the council

so if the council says yes, there's nothing can be done??

[Amethyst]

Re: What's in a Covenant?

Seems so. The whole covenant seems to just give the Council complete control over what happens on the site - presumably the pub was built on land purchased off of the council originally.

[Kati]

Re: What's in a Covenant?

Seems so. The whole covenant seems to just give the Council complete control over what happens on the site - presumably the pub was built on land purchased off of the council originally.

probably ... looks like it's going to be petitions and complaints time then :lol: xx

[Amethyst]

Re: What's in a Covenant?

They will have to apply for change of use. Doesn't seem to have been a formal application made so far ? Seems they are still mithering about the covenants with shoosmiths but have gone ahead and purchased the property anyway. So you ( the community) will be able to object at planning - but getting in first with the council is always a good idea. However.... they will want an alternative plan. Marstons have already sold it to the Spar guys.

[Kati]

Re: What's in a Covenant?

I'm sure the application will happen sooner or later

[wales01man]

Re: What's in a Covenant?

How busy was this pub before it closed to many times I read that locals who hardly used pubs are complaining when they are converted.
Having had a Pub I know what the costs are before the doors are even opened that's why marstons have got rid