Restrictive Covenant - Who monitors the Council?

keftin

My local council was gifted 26 acres of land in 1924 with restrictive covenants. The land is to be used as playing fields by 'scholars of the Borough'. The only building allowed is that which would enable the land to be used as intended ie playing fields. One would presume this could only mean sheds for storage of tools / changing rooms etc).

In the 1960s several large buildings and tarmaced areas were built within the perimeter of the land. This building work was for the benefit of schools that lay on the edge of the boundary of the said land (Sports Hall /School Canteen / Tarmaced tennis Courts etc).

The owner of the land (Council) was responsible for granting planning permission whilst at the same time also responsible for enforcing or modifying the restrictive covenants (which according to Land Registry documents it would appear it hasn't ).

Q. Is this type of official 'land grab' time barred against action?

Who ensures local authorities comply with restrictive covenants on their own land ?

clutton_2

there is a way to get restricted covenants lifted legally - i cannot remember how - someone else may know

lincroft1710

Usually it is the job of the person/organisation (or their successors) who made the covenant to enforce it, not the p/o who have to abide by it.

keith969

One could argue that the buildings did in fact comply with the spirit of the covenant.

"Sports Hall /School Canteen / Tarmaced tennis Courts" would be consistent with making use of playing fields... its not like they built a supermarket or housing estate?

clutton_2

""Q. Is this type of official 'land grab' time barred against action?""

even if it were a land grab it was - 29 years ago - nothing whatsoever you can do about it - move on

poppysarah

You need to speak to old people in the area who may remember the exact details of the land gifting or know where the minutes of meetings are.

Land in Failsworth is under threat from the football club and it's not the councils land to give away. Luckily some of the locals remember all the details & have records of things too.

lincroft1710

Poppysarah - I think OP would be out of luck with anyone remembering exact details as land was gifted 85 years ago. Council minutes are often kept, but changes in councils over years (big upheaval in 1974) can mean such old documents are "lost".

What OP doesn't state is how this affects him personally.

poppysarah

Things will have gone on since 85 yrs ago bringing the details back to light - when the buildings were put on the covenants would have been discussed locally for the PP.

Letters to the paper and asking older residents will bring in information. There are almost always local history experts with useful info.

keftin

""Q. Is this type of official 'land grab' time barred against action?""

even if it were a land grab it was - 29 years ago - nothing whatsoever you can do about it - move on

Not quite as simple as that.

The Local Authority has given statutory notice that it intends to modify the governing document of the Charity as it wants to build on the land as part of a school rebuilding program.

I have obtained a copy of the original conveyance from the Charity Commission in which the covenants are clearly stated. Have also obtained copies of Title deeds from the Land Registry.

The original land has been divided into three portions with two of them linked to two schools. The restrictive covenants remain in force but have been conveniently ignored.

However, the Council now wishes to exchange land it has next to the protected land as it wishes to demolish a school and rebuild it in a different position.

It is offering 30% less land but willing to give land 7 miles away to make up the loss.

There is an important principle at stake here: Is the Council in some way exempt form the restrictions it imposes on others? Not content with previously riding roughshod over land bought on its behalf by a generous benefactor it is now attempting to quietly change the nature of the land forever.

For example if you were to try and build a tennis court on protected land or change the restrictions (even your own land) just see how far you get before legal action is taken.

Land in Failsworth is under threat from the football club and it's not the councils land to give away. Luckily some of the locals remember all the details & have records of things too.

I guess that's the football ground saga. Same attitude - different council.

It would appear councils are self-policing and allows them to get away with it unless someone just happens to find out what is being planned.

Thanks for the advice.

lincroft1710

But how does all this affect you personally?

poppysarah

lincroft1710 wrote: »

But how does all this affect you personally?

Why does that matter?