It's the covenant...

Discussion in 'Bulletin Board' started by Gegenpresser, Jan 2, 2022.

Page 1 of 12
  1. Gegenpresser

    Gegenpresser Well-Known Member

    Joined:
    Sep 2, 2015
    Messages:
    4,377
    Likes Received:
    5,044
    Trophy Points:
    113
    Gender:
    Male
    Location:
    Mancave
    Style:
    Barnsley Dark
    ...the Restriction....the Clause...the Condition......

    ...that is what our owners' problem with us boils down to.

    Their hands have turned out to be tied, development wise. And it seems that they can't confidently blame anyone else for their predicament.

    So they're playing the long game of bluff. And we're stuck in the middle.

    I wish someone would lay out the full legal problem here, not least because it might be interesting, if what I've been told is correct.
     
    Gegenpresser, Jan 2, 2022
    #1
    PaintTarnRed, Mido, Stephen Dawson and 6 others like this.
  2. SuperTyke

    SuperTyke Well-Known Member

    Joined:
    Oct 12, 2005
    Messages:
    55,317
    Likes Received:
    29,382
    Trophy Points:
    113
    Style:
    Barnsley (full width)
    What have you been told?
     
    SuperTyke, Jan 2, 2022
    #2
    PaintTarnRed, Stephen Dawson and Redhelen like this.
  3. Gegenpresser

    Gegenpresser Well-Known Member

    Joined:
    Sep 2, 2015
    Messages:
    4,377
    Likes Received:
    5,044
    Trophy Points:
    113
    Gender:
    Male
    Location:
    Mancave
    Style:
    Barnsley Dark
    Well it would be breaking confidence to go too far, but from an interesting legal point of view, I was told it involved consideration as to whether the female line could enforce a covenant solely reserved for the male line - yer know, equal/human rights etc.
     
    Gegenpresser, Jan 2, 2022
    #3
    Stephen Dawson, Redhelen and SuperTyke like this.
  4. SuperTyke

    SuperTyke Well-Known Member

    Joined:
    Oct 12, 2005
    Messages:
    55,317
    Likes Received:
    29,382
    Trophy Points:
    113
    Style:
    Barnsley (full width)
    Very interesting. Also something I'd have been checking before I bought the club rather than after.
     
    SuperTyke, Jan 2, 2022
    #4
    Stephen Dawson, Steve Wood, TonyTyke and 1 other person like this.
  5. man

    mansfield_red Well-Known Member

    Joined:
    Aug 18, 2011
    Messages:
    10,489
    Likes Received:
    17,434
    Trophy Points:
    113
    Style:
    Barnsley (full width)
    If it's a covenant relating to land then it attaches and binds the land. If there is a question over enforceability it is unlikely to be whether females can enforce the covenant, but whether a stipulation that only females can enforce it prevents it from being a valid covenant and binding the land in the first place.
     
    mansfield_red, Jan 2, 2022
    #5
    Stephen Dawson and Redhelen like this.
  6. Gegenpresser

    Gegenpresser Well-Known Member

    Joined:
    Sep 2, 2015
    Messages:
    4,377
    Likes Received:
    5,044
    Trophy Points:
    113
    Gender:
    Male
    Location:
    Mancave
    Style:
    Barnsley Dark
    It's nothing to do with whether only females can enforce it. As I understand it. Rather the opposite. There are no males left. The females are seeking to claim that a covenant in favour of the male line applies to them too.
     
    Gegenpresser, Jan 2, 2022
    #6
    Stephen Dawson and Redhelen like this.
  7. Jimmy viz

    Jimmy viz Well-Known Member

    Joined:
    Aug 30, 2012
    Messages:
    29,686
    Likes Received:
    19,158
    Trophy Points:
    113
    Occupation:
    Ballet Dancer
    Location:
    Hiding under the bed
    Style:
    Barnsley (full width)
    If there were some unknown covenant then that would have been found at the due diligence stage by their legal team. The sporting covenant is well known and has been for years. If something was missed I suspect there would be a very public suing of the legal team that missed it.

    Do they have similar legal problems at all the other clubs they are running into the ground.
     
    Jimmy viz, Jan 2, 2022
    #7
    Airon c redscue, Stephen Dawson, Redhelen and 1 other person like this.
  8. pompey_red

    pompey_red Well-Known Member

    Joined:
    Jul 27, 2005
    Messages:
    13,539
    Likes Received:
    9,582
    Trophy Points:
    113
    Gender:
    Male
    Location:
    Fareham
    Home Page:
    Style:
    Barnsley Dark
    what I’d do, if I was sworn to secrecy is post about it on a bulletin board talking about stuff I know but aren’t allowed to say… thst what id do ;)
     
    pompey_red, Jan 2, 2022
    #8
    ScubaTyke, MexboroughTyke, Dalestykes and 8 others like this.
  9. Gegenpresser

    Gegenpresser Well-Known Member

    Joined:
    Sep 2, 2015
    Messages:
    4,377
    Likes Received:
    5,044
    Trophy Points:
    113
    Gender:
    Male
    Location:
    Mancave
    Style:
    Barnsley Dark
    It's not the sport covenant.

    And it's nice, being a lawyer, to see that you have such faith in the legal team you may choose to employ.

    Remember also the Angus MacDonald fiasco - not exactly a ringing endorsement of our legal team was it?
     
    Gegenpresser, Jan 2, 2022
    #9
    Dillydilly, Stephen Dawson and Redhelen like this.
  10. ronnieGlavinsB@stardSon

    ronnieGlavinsB@stardSon Well-Known Member

    Joined:
    May 30, 2012
    Messages:
    3,156
    Likes Received:
    4,327
    Trophy Points:
    113
    Location:
    Glasgow
    Style:
    Barnsley
    ....damn those f***ing nuns :rolleyes:
     
    ronnieGlavinsB@stardSon, Jan 2, 2022
    #10
    Stephen Dawson, Plankton Pete, Redhelen and 1 other person like this.
  11. Gegenpresser

    Gegenpresser Well-Known Member

    Joined:
    Sep 2, 2015
    Messages:
    4,377
    Likes Received:
    5,044
    Trophy Points:
    113
    Gender:
    Male
    Location:
    Mancave
    Style:
    Barnsley Dark
    When I'm sworn to secrecy I promise i wouldn't let you know about it.
     
    Gegenpresser, Jan 2, 2022
    #11
    Stephen Dawson and TonyTyke like this.
  12. man

    mansfield_red Well-Known Member

    Joined:
    Aug 18, 2011
    Messages:
    10,489
    Likes Received:
    17,434
    Trophy Points:
    113
    Style:
    Barnsley (full width)
    If the covenant is from after 1925 then they will almost certainly be able to enforce it pursuant to s.78 of the Law of Property Act 1925. If it's from before then the position may be less clear, however there will also likely to be an argument that the covenant is obsolete and/or prevents a reasonable use of the land in which case the other party may be able to get it discharged/varied via an application to the Upper Tribunal.

    Either party can also apply to the UT for a declaration as to whether the covenant is enforceable, and if so, by whom (s.84(2)(b) LPA 1925)
     
    mansfield_red, Jan 2, 2022
    #12
    Stephen Dawson and Redhelen like this.
  13. Redhelen

    Redhelen Well-Known Member

    Joined:
    Sep 29, 2018
    Messages:
    37,637
    Likes Received:
    44,105
    Trophy Points:
    113
    Gender:
    Female
    Style:
    Barnsley (full width)
    Interesting.
     
    Redhelen, Jan 2, 2022
    #13
    Stephen Dawson likes this.
  14. Durkar Red

    Durkar Red Well-Known Member

    Joined:
    Jul 19, 2005
    Messages:
    12,055
    Likes Received:
    8,112
    Trophy Points:
    113
    Occupation:
    Exorcist
    Location:
    err..durkar
    Home Page:
    Style:
    Barnsley (full width)
    Does there need to be ‘a named person’ to enforce a covenant that’s written in the deeds of the land
     
    Durkar Red, Jan 2, 2022
    #14
    Stephen Dawson and Redhelen like this.
  15. Gegenpresser

    Gegenpresser Well-Known Member

    Joined:
    Sep 2, 2015
    Messages:
    4,377
    Likes Received:
    5,044
    Trophy Points:
    113
    Gender:
    Male
    Location:
    Mancave
    Style:
    Barnsley Dark
    Apparently it's from ages ago.

    I'm not sure how you can filter down or eliminate hereditary entitlements so easily, but there we go. More evidence is required. Although I may have been told a load of bull. I have seen nothing on any pre-reg or Land Reg docs - not tried to look.

    Just chucking it out there so's we can understand the reasons why we're rotting away.
     
    Gegenpresser, Jan 2, 2022
    #15
    Stephen Dawson and Redhelen like this.
  16. Jay

    Jay Well-Known Member

    Joined:
    Jul 18, 2005
    Messages:
    43,094
    Likes Received:
    31,478
    Trophy Points:
    113
    Location:
    On Sofa
    Style:
    Barnsley
    Conway is going to be the next queen?
     
    Jay, Jan 2, 2022
    #16
    Brush, Stephen Dawson and Durkar Red like this.
  17. Gegenpresser

    Gegenpresser Well-Known Member

    Joined:
    Sep 2, 2015
    Messages:
    4,377
    Likes Received:
    5,044
    Trophy Points:
    113
    Gender:
    Male
    Location:
    Mancave
    Style:
    Barnsley Dark
     
    Gegenpresser, Jan 2, 2022
    #17
  18. Gegenpresser

    Gegenpresser Well-Known Member

    Joined:
    Sep 2, 2015
    Messages:
    4,377
    Likes Received:
    5,044
    Trophy Points:
    113
    Gender:
    Male
    Location:
    Mancave
    Style:
    Barnsley Dark
    Yep. And his first Royal duty will be to explain the rules of rugby union to you.

    Which may take a while.
     
    Gegenpresser, Jan 2, 2022
    #18
    Stephen Dawson likes this.
  19. Jay

    Jay Well-Known Member

    Joined:
    Jul 18, 2005
    Messages:
    43,094
    Likes Received:
    31,478
    Trophy Points:
    113
    Location:
    On Sofa
    Style:
    Barnsley
    I would have thought the bigger problem is not any covenants, it's that they don't own the stadium or the land or anything really.
     
    Jay, Jan 2, 2022
    #19
    Stephen Dawson and Redhelen like this.
  20. Jay

    Jay Well-Known Member

    Joined:
    Jul 18, 2005
    Messages:
    43,094
    Likes Received:
    31,478
    Trophy Points:
    113
    Location:
    On Sofa
    Style:
    Barnsley
    He'll have his work cut out.
     
    Jay, Jan 2, 2022
    #20
    Stephen Dawson likes this.
Page 1 of 12

Share This Page