Third Party claim is 100 Years Old....

Discussion in 'Bulletin Board' started by orsenkaht, Aug 21, 2020.

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  1. Mid

    MidlandsBFC Well-Known Member

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    It’s easy to say in theory but covenants such as the one in question are rarely discharged in reality. Usually far cheaper to insure against potential future claims.
     
    MidlandsBFC, Aug 21, 2020
    #21
  2. man

    mansfield_red Well-Known Member

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    True. But if the party with the benefit is aware of the covenant and has made noises about looking to enforce it then insurance might be difficult.
     
    mansfield_red, Aug 21, 2020
    #22
  3. Ste

    Stephen Dawson Well-Known Member

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    How would they do that conduct a seance?
     
    Stephen Dawson, Aug 21, 2020
    #23
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  4. Redhelen

    Redhelen Well-Known Member

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    Like the sound of that covenant
     
    Redhelen, Aug 21, 2020
    #24
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  5. man

    mansfield_red Well-Known Member

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    Covenants attach to the land and aren't personal, so it would be the current owners of the benefiting land.
     
    mansfield_red, Aug 21, 2020
    #25
  6. Dan

    DannyWilsonLovechild Well-Known Member

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    If this is the restrictive covenant, and it is that old, the most basic searches would have highlighted it. I've long heard stories of their being a restriction on the land for non sporting uses and the land search list on here a few days ago showed hardly anything amended for a long long time.

    The ground issue to me is very much a diversionary tactic to cover the issue that they just haven't paid the money they owe. Thats the fundamental issue. They bought the club, theyve failed to meet an original payment schedule and one latterly amended even further in their favour.
     
    DannyWilsonLovechild, Aug 21, 2020
    #26
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  7. Jimmy viz

    Jimmy viz Well-Known Member

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    If I know about the Covenant then surely the hot shot lawyers of billionaires would have uncovered it.
     
    Jimmy viz, Aug 21, 2020
    #27
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  8. Tykeored

    Tykeored Well-Known Member

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    To my knowledge the ownership of the land in recent years has moved from the Dennis’s to the Doyle’s to the Cryne’s with out this covenant being an issue, so why now?
    I can only put it down to one of two things.

    1) the council’s involvement
    2) the restriction on any future change of useage

    If it the latter, why should that be a problem?
     
    Tykeored, Aug 21, 2020
    #28
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  9. Jimmy viz

    Jimmy viz Well-Known Member

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    Point 2 is indeed the question.
     
    Jimmy viz, Aug 21, 2020
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  10. Ste

    Stephen Dawson Well-Known Member

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    It was uncovered by Indiana Jones on Raiders of the Lost Ark.
     
    Stephen Dawson, Aug 21, 2020
    #30
  11. Fre

    Freddiel Well-Known Member

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    Which surely suggests this isn’t the actual/complete issue? A lot of people are making assumptions without knowing the full details. I don’t think any accusations should be made until it’s clear!
     
    Freddiel, Aug 21, 2020
    #31
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  12. Jimmy viz

    Jimmy viz Well-Known Member

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    agreed. On the surface this whole brouhaha seems to be a deflection tactic from a company wishing to renege on payments it had agreed to but time and information may prove this to be incorrect.
     
    Jimmy viz, Aug 21, 2020
    #32
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  13. Dan

    DannyWilsonLovechild Well-Known Member

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    Lets just say that the issue is this covenant (which I absolutely don't think is the case).

    In 100 years since it was put in place we've had floodlight pylons put in. We've had newer floodlights put in. We built the East Stand. We developed the car park and added boundaries to it. We built and tarmaced areas round the back of the East Stand.

    We built a new stand, shop, and offices at the Pontefract Road end. We built the disabled stand. We concreted the corner at the side of the ponty. We added seats to the Kop after the taylor report and the lower tier of terracing on the West Stand.

    We latterly built the north stand and moved changing rooms and added lots of facilities to the training grounds behind.

    And we heard that there was a modest parcel of land sold off under Cryne to assist the councils aims.

    Seeing as nobody in ownership has said there is a plan to do anything other than to play our future football at Oakwell.... you have to ask the question... how on earth is that covenant restrictive enough to cause international 'billionaires' to withhold and delay a very nominal amount to pay for a club they agreed to acquire long before FC Thun and KV Oostende?
     
    DannyWilsonLovechild, Aug 21, 2020
    #33
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  14. Ste

    Stephen Dawson Well-Known Member

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    I knew it was this there are the floodlights and everything. It's got to be the old brewery site:

     
    Stephen Dawson, Aug 21, 2020
    #34
  15. Tyke_67

    Tyke_67 Well-Known Member

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    And the Crynes will have known about as well. Whether they told the new owners though....
     
    Tyke_67, Aug 21, 2020
    #35
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  16. e-red

    e-red Well-Known Member

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    Thank god it’s not Doyle. (Without prejudice).
     
    e-red, Aug 21, 2020
    #36
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  17. Ste

    Stephen Dawson Well-Known Member

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    Could it be Sean Lewis? His takeover was nye on complete but he couldn't secure the footballing share. Did he secure any of the land?
     
    Stephen Dawson, Aug 21, 2020
    #37
  18. man

    mansfield_red Well-Known Member

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    If it is a covenant it has to be someone who owns land nearby who can currently enforce. The covenant attaches to land.
     
    mansfield_red, Aug 21, 2020
    #38
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  19. Ste

    Stephen Dawson Well-Known Member

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    Could it be the NCB?
     
    Stephen Dawson, Aug 21, 2020
    #39
  20. JamDrop

    JamDrop Well-Known Member

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    It does make you wonder what they want to buy the land for that the covenant restricts.
     
    JamDrop, Aug 21, 2020
    #40
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