What's in a Covenant?

[Openlaw15]

Re: What's in a Covenant?

It seems that a restrictive covenant (do not build/ alter land) in 1966 without written permission wages war with a positive covenant (may build on land, or alter on adjoining land) in 1991.

"(1) The right for the Councilits successors assigns lessees andtenants at any time or times hereafter to erect or suffer to be erected any buildings or other erections and to alter any building or other erections now standing or hereafter to be erected on any part of its adjoining land and with all such windows and openings for light and air and in such manner in all respects as it may think fit without any consent whatever on the part of the purchaser being required or anyright on its part to object thereto or claim compensation on the ground of any interference with the access of light or air to any buildingsnow erected or to be erected on the property hereby conveyed or otherwise andno windows or lights now existing or which may hereafter be placed in any suchfirst mentioned buildings or the access of light or air thereto shall at anytime hereafter be in any manner stopped obstructed or interfered with by thePurchaser"

The other negative covenant (ie restriction) is:

"4. No noxious or offensive tradeor business shall be carried on upon the said land or on any partthereof and no act or thing shall be done or suffered thereon which shall be anannoyance or nuisance to the occupiers of adjacent landorof any of the landsforming part of the Vendors housing estate but thecarrying on of the business ofHotelier and Licensed Victualler shall not in any way constitute a breach ofthis covenantnor be in breach of anything herein contained."

[Kati]

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

busy enough to have regular darts/football and domino teams and to hold fundraising events that draw 300+ people :nod:

[Noah]

Re: What's in a Covenant?

I don't hold out much hope for you. This happened to me a year ago, the coop bought a pub and I spite of planning objections have closed the local convenience store. Traffic was already bad as it was a cut through in a housing estate now it's a nightmare

[wales01man]

Re: What's in a Covenant?

If it was that good why was it not brought to be used as a pub

[Kati]

Re: What's in a Covenant?

If it was that good why was it not brought to be used as a pub

:noidea:

If I had the money I'd offer to buy it (as a pub) myself :nod; I could just picture it ... ME as a landlady :lol: xx

[Openlaw15]

Re: What's in a Covenant?

:noidea:

If I had the money I'd offer to buy it (as a pub) myself :nod; I could just picture it ... ME as a landlady :lol: xx

Has this decision gone through a judicial review process?

[Kati]

Re: What's in a Covenant?

Has this decision gone through a judicial review process?

I'm not sure ... I've been told that Shoosmiths have put in their proposal etc...

What would a JR entail??

[R0b]

Re: What's in a Covenant?

I'm not sure ... I've been told that Shoosmiths have put in their proposal etc...

What would a JR entail??

A hell of a lot of money, i've seen some fairly low key JR's have legal costs upwards of £30k so not a decision to be taken lightly.

A JR is a process where the court can decide if governmental bodies or authorities have acted lawfully or not (or in some cases taken no action at all). There's several grounds for JR but definitely requires specialist advice and help.

[Openlaw15]

Re: What's in a Covenant?

I'm not sure ... I've been told that Shoosmiths have put in their proposal etc...

What would a JR entail??

Well am not sure if a JR would really apply here. It's normally used to challenge decision makers of the state, ie DWP staff decisions. However, it may be possible for interested or affected persons to bring a judicial review against the council's decision to permit building or altering land. The covenant says this:

""4. No noxious or offensive tradeor business shall be carried on upon the said land or on any partthereof and no act or thing shall be done or suffered thereon which shall be anannoyance or nuisance to the occupiers of adjacent landorof any of the landsforming part of the Vendors housing estate but thecarrying on of the business ofHotelier and Licensed Victualler shall not in any way constitute a breach ofthis covenantnor be in breach of anything herein contained."

Judicial review must be available first and foremost, in that the affected person must have locus standi (ie sufficient standing/ particular interest). Persons affected by an annoyance on the covenant could be other businesses owners next door. Even the regular pub goers quite possibly could ask for a judicial review hearing. It is expensive though, must be made within 3 months of the decision (I think). I do not know what the facts are here though.

[Openlaw15]

Re: What's in a Covenant?

A hell of a lot of money, i've seen some fairly low key JR's have legal costs upwards of £30k so not a decision to be taken lightly.

A JR is a process where the court can decide if governmental bodies or authorities have acted lawfully or not (or in some cases taken no action at all). There's several grounds for JR but definitely requires specialist advice and help.

Well, by lawful: whether the power was there to make it, whether it was biased, a gain for them, or whether it was illegal in the civil sense, or absurdly unreasonable. JR is an evolving area of law but Rob is right in that it usually very expensive and is usual remedy for a club owner for example who's losing income owing to losing their trading licence.