covenant

Discussion in 'Bulletin Board' started by 1887 RED, Sep 17, 2020.

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  1. 1887 RED

    1887 RED Active Member

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    https://api.parliament.uk/historic-hansard/commons/1994/nov/22/barnsley-football-club


    A wholly exceptional circumstance for Barnsley football club is a covenant on the playing surface at the ground. The family which gave the club the ground—it originally owned the brewery that adjoined the ground—placed a covenant on the land when it was given to the club. The covenant provided that the land could be used only as a football pitch. That meant that if the club wanted to dispose of the ground it had to face the covenant on the pitch. That meant, in turn, that the club could not relocate to another ground without substantial problems in disposing of the playing area. Relocation was not really an option for the club. I suggest that that is an exceptional circumstance.
     
    1887 RED, Sep 17, 2020
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  2. Tarntyke

    Tarntyke Well-Known Member

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    A bit of a read but thanks for posting it.
     
    Tarntyke, Sep 17, 2020
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  3. She

    Sheriff Well-Known Member

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    Great find!

    It's also a painful reminder of the season where we were forced to endure the Taylor report impact in full, with only the East Stand and Upper West being seated, and then spent season after season visiting other teams who continued to be allowed to use open terracing without issue.
     
    Sheriff, Sep 17, 2020
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  4. Bak

    Baka Well-Known Member

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    Nice work!
     
    Baka, Sep 17, 2020
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  5. BarnsleyReds

    BarnsleyReds Well-Known Member

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    Glad there’s another thread on the subject
     
    BarnsleyReds, Sep 17, 2020
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  6. Redhelen

    Redhelen Well-Known Member

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    Fascinating read.
     
    Redhelen, Sep 17, 2020
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  7. nezbfc

    nezbfc Well-Known Member

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    That's 1 covenant, when apparently maybe 3 exists
     
    nezbfc, Sep 17, 2020
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  8. TonyTyke

    TonyTyke Well-Known Member

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    No, there really needed to be. I'm not ploughing through mega threads when this is to the point and tell us what we need to know.
     
    TonyTyke, Sep 17, 2020
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  9. Brush

    Brush Well-Known Member

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    Can't accuse the Crynes for not divulging information which was clearly in the public domain at the time of the takeover.
     
    Brush, Sep 17, 2020
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  10. troff

    troff Well-Known Member

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    The thing is, it doesn’t.

    That’s not the only covenant and it isn’t the one which is the issue.
     
    troff, Sep 17, 2020
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  11. Stephen Dawson

    Stephen Dawson Well-Known Member

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    What a lovely person.
     
    Stephen Dawson, Sep 17, 2020
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  12. BarnsleyReds

    BarnsleyReds Well-Known Member

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    The covenant in question is 100 years old. This is from 1994.
     
    BarnsleyReds, Sep 17, 2020
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  13. matoakwell

    matoakwell Well-Known Member

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    The report is from 1994.
     
    matoakwell, Sep 17, 2020
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  14. troff

    troff Well-Known Member

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    Who?
     
    troff, Sep 17, 2020
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  15. BarnsleyReds

    BarnsleyReds Well-Known Member

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    My apologies, of course you’re right. Not sure what I was thinking to be honest.
     
    BarnsleyReds, Sep 17, 2020
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  16. Stephen Dawson

    Stephen Dawson Well-Known Member

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    I've been reading tykesmad and one of the best posters Roma says that one of the covenants runs ten yards straight across the pitch and was put in place by a property owner due to line of sight. This is between the West Stand and the North Stand. This also explains the larger gap between the two stands.
     
    Stephen Dawson, Sep 18, 2020
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  17. Dar

    Darfield138 Well-Known Member

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    Read this in conjunction with my thread on the land registry. The owners would have been well aware of this and I don't think this is the problem. I think it is the separate title being created for mineral rights at the time of the sale of the club in December 2017 that has caused the problem.
     
    Darfield138, Sep 18, 2020
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  18. Redhelen

    Redhelen Well-Known Member

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    Do you think the Crynes would have known about it at the time?
     
    Redhelen, Sep 18, 2020
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  19. Stephen Dawson

    Stephen Dawson Well-Known Member

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    Helen, I think they all knew about the job lot and the stuff coming to light is skulduggery.
     
    Stephen Dawson, Sep 18, 2020
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  20. Dar

    Darfield138 Well-Known Member

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    Hi Helen,
    Without knowing some further facts it is hard to tell. Particularly as asserting that they did and concealed it would not only be wrong if they didnt, it could be contempt of the court proceedings and slandering their character so I would urge caution to all. However, I can see how the land either in or immediately around Oakwell could become "blighted" by the existence of separate mineral rights and it fits in with the owners saying "some hitherto unknown third party has emerged and are seeking to exercise their rights". Consider this, in theory Lee and co wished to build a new stand incorporating a hotel/casino etc and the mineral rights owner said "hang on, I want to dig just there for iron ore/diamonds" etc. If this is indeed the case it would be an impediment to developing oakwell. It is possible the only value to owning the mineral rights is a nuisance factor to induce the land owners to buy them out. The new owners are possibly calling someone's bluff by saying the club (which they own) don't even have to play there at all.
     
    Darfield138, Sep 18, 2020
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