Third Party claim is 100 Years Old....

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

Page 2 of 5
  1. Mid

    MidlandsBFC Well-Known Member

    Joined:
    Jan 9, 2018
    Messages:
    357
    Likes Received:
    445
    Trophy Points:
    63
    Gender:
    Male
    Style:
    Barnsley (full width)
    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

    Joined:
    Aug 18, 2011
    Messages:
    10,198
    Likes Received:
    16,769
    Trophy Points:
    113
    Style:
    Barnsley (full width)
    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

    Joined:
    Apr 25, 2018
    Messages:
    34,252
    Likes Received:
    29,618
    Trophy Points:
    113
    Gender:
    Male
    Style:
    Barnsley (full width)
    How would they do that conduct a seance?
     
    Stephen Dawson, Aug 21, 2020
    #23
    Redhelen likes this.
  4. Redhelen

    Redhelen Well-Known Member

    Joined:
    Sep 29, 2018
    Messages:
    37,105
    Likes Received:
    43,398
    Trophy Points:
    113
    Gender:
    Female
    Style:
    Barnsley (full width)
    Like the sound of that covenant
     
    Redhelen, Aug 21, 2020
    #24
    Abruzzo Red and Stephen Dawson like this.
  5. man

    mansfield_red Well-Known Member

    Joined:
    Aug 18, 2011
    Messages:
    10,198
    Likes Received:
    16,769
    Trophy Points:
    113
    Style:
    Barnsley (full width)
    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

    Joined:
    Aug 8, 2011
    Messages:
    14,914
    Likes Received:
    18,557
    Trophy Points:
    113
    Style:
    Barnsley
    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
    Donks, TitusMagee, Chef Tyke and 6 others like this.
  7. Jimmy viz

    Jimmy viz Well-Known Member

    Joined:
    Aug 30, 2012
    Messages:
    29,184
    Likes Received:
    18,599
    Trophy Points:
    113
    Occupation:
    Ballet Dancer
    Location:
    Hiding under the bed
    Style:
    Barnsley (full width)
    If I know about the Covenant then surely the hot shot lawyers of billionaires would have uncovered it.
     
    Jimmy viz, Aug 21, 2020
    #27
    Old Goat, Chef Tyke, Redhelen and 1 other person like this.
  8. Tykeored

    Tykeored Well-Known Member

    Joined:
    Jun 23, 2017
    Messages:
    5,102
    Likes Received:
    6,379
    Trophy Points:
    113
    Gender:
    Male
    Style:
    Barnsley
    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
    Redhelen likes this.
  9. Jimmy viz

    Jimmy viz Well-Known Member

    Joined:
    Aug 30, 2012
    Messages:
    29,184
    Likes Received:
    18,599
    Trophy Points:
    113
    Occupation:
    Ballet Dancer
    Location:
    Hiding under the bed
    Style:
    Barnsley (full width)
    Point 2 is indeed the question.
     
    Jimmy viz, Aug 21, 2020
    #29
    Andy Mac and Redhelen like this.
  10. Ste

    Stephen Dawson Well-Known Member

    Joined:
    Apr 25, 2018
    Messages:
    34,252
    Likes Received:
    29,618
    Trophy Points:
    113
    Gender:
    Male
    Style:
    Barnsley (full width)
    It was uncovered by Indiana Jones on Raiders of the Lost Ark.
     
    Stephen Dawson, Aug 21, 2020
    #30
  11. Fre

    Freddiel Well-Known Member

    Joined:
    Jun 16, 2017
    Messages:
    1,244
    Likes Received:
    1,855
    Trophy Points:
    113
    Gender:
    Male
    Style:
    Barnsley (full width)
    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
    55&counting, Abruzzo Red, SFOTyke and 2 others like this.
  12. Jimmy viz

    Jimmy viz Well-Known Member

    Joined:
    Aug 30, 2012
    Messages:
    29,184
    Likes Received:
    18,599
    Trophy Points:
    113
    Occupation:
    Ballet Dancer
    Location:
    Hiding under the bed
    Style:
    Barnsley (full width)
    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
    Donks, John Peachy, DannyWilsonLovechild and 1 other person like this.
  13. Dan

    DannyWilsonLovechild Well-Known Member

    Joined:
    Aug 8, 2011
    Messages:
    14,914
    Likes Received:
    18,557
    Trophy Points:
    113
    Style:
    Barnsley
    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
    Spirit Ditch, Lone Striker, Old Goat and 5 others like this.
  14. Ste

    Stephen Dawson Well-Known Member

    Joined:
    Apr 25, 2018
    Messages:
    34,252
    Likes Received:
    29,618
    Trophy Points:
    113
    Gender:
    Male
    Style:
    Barnsley (full width)
    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

    Joined:
    May 31, 2013
    Messages:
    14,857
    Likes Received:
    20,462
    Trophy Points:
    113
    Style:
    Barnsley (full width)
    And the Crynes will have known about as well. Whether they told the new owners though....
     
    Tyke_67, Aug 21, 2020
    #35
    Redhelen likes this.
  16. e-red

    e-red Well-Known Member

    Joined:
    Nov 12, 2008
    Messages:
    2,400
    Likes Received:
    2,198
    Trophy Points:
    113
    Location:
    Cambridge, Cambridgeshire, United Kingdom
    Style:
    Barnsley (full width)
    Thank god it’s not Doyle. (Without prejudice).
     
    e-red, Aug 21, 2020
    #36
    wakeyred and Redhelen like this.
  17. Ste

    Stephen Dawson Well-Known Member

    Joined:
    Apr 25, 2018
    Messages:
    34,252
    Likes Received:
    29,618
    Trophy Points:
    113
    Gender:
    Male
    Style:
    Barnsley (full width)
    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

    Joined:
    Aug 18, 2011
    Messages:
    10,198
    Likes Received:
    16,769
    Trophy Points:
    113
    Style:
    Barnsley (full width)
    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
    Chef Tyke likes this.
  19. Ste

    Stephen Dawson Well-Known Member

    Joined:
    Apr 25, 2018
    Messages:
    34,252
    Likes Received:
    29,618
    Trophy Points:
    113
    Gender:
    Male
    Style:
    Barnsley (full width)
    Could it be the NCB?
     
    Stephen Dawson, Aug 21, 2020
    #39
  20. JamDrop

    JamDrop Well-Known Member

    Joined:
    Mar 30, 2013
    Messages:
    18,410
    Likes Received:
    19,156
    Trophy Points:
    113
    Location:
    Leeds
    Style:
    Barnsley (full width)
    It does make you wonder what they want to buy the land for that the covenant restricts.
     
    JamDrop, Aug 21, 2020
    #40
    Stephen Dawson and DannyWilsonLovechild like this.
Page 2 of 5

Share This Page