Land covenant don't mean nuthin'

[Barlow]

An interesting case here, that could have deep resonations for others. Something called 'The Land Commissioner' has ruled that a covenant from 1988 is no longer in force.

Ruling in dispute over plans to build 12 homes on former Douglas estate

And 155 trees to be felled too.

 

[John Wright]

Not sure what resonations you think it might have, for anyone.

1. The person/company with the right to enforce the covenant ( which related to the number of buildings allowed to be erected on the plot ) discharged and released the covenant ( no doubt in exchange for payment ). So it ceased to exist.

2. the trees are a separate, planning, matter, and ongoing.

[Non-Believer]

155 trees is no small number given modern environmental considerations, CO2 etc.

[finlo]

Just now, Non-Believer said:

155 trees is no small number given modern environmental considerations, CO2 etc.

Money talks.

[NoTail]

Can I have hens and goats in my garden now? The 1895 covenant on my house forbids them 

[Fred the shred]

There was another interesting planning application as well the Manx Telecom have one in for 50 telegraph poles to be erected to enable fibre broadband connections.

[doc.fixit]

Massive backlash against it on our estate in Ballaugh.

[Fred the shred]

Overhead cables have proved to be unreliable over the years it is really a backward move I would think.

[Dirty Buggane]

Is this the same Gough that decided Poole-Wilson and Hooper had nothing to answer to over the bullying incident. If so he knows which side his bread is buttered.

Edited April 1 by Dirty Buggane

[Barlow]

There is a saying that lawyers are wrong 50% of the time.

Money will tip the balance though.

[Gladys]

31 minutes ago, Barlow said:

There is a saying that lawyers are wrong 50% of the time.

Money will tip the balance though.

Money possibly tipped the balance when the Deed of Release was entered into in 2021 and the covenant was removed.  What else do you think should have happened? The Land Commissioner should have declared the covenant still effective despite the parties having agreed that it should be removed and it being registered?  

John will correct me, but a covenant is between the parties to it, not third parties, and they cannot enforce it unless they have been made a party to benefit. 

[La Colombe]

Maybe we'll get some nice new pubs soon. 

[La Colombe]

And by that I mean old obvs. 

[John Wright]

8 minutes ago, Gladys said:

Money possibly tipped the balance when the Deed of Release was entered into in 2021 and the covenant was removed.  What else do you think should have happened? The Land Commissioner should have declared the covenant still effective despite the parties having agreed that it should be removed and it being registered?  

John will correct me, but a covenant is between the parties to it, not third parties, and they cannot enforce it unless they have been made a party to benefit. 

Not quite. Estate covenants can be created, whereby all the people on an estate, buying from the same vendor can enforce against each other. They’re not easy to create, the courts interpret against them. Vipers nest of neighbour disputes.

Im presuming the three objectors thought they could enforce.

[John Wright]

2 minutes ago, La Colombe said:

Maybe we'll get some nice new pubs soon. 

Two things.

1. the brewery is still around to enforce and hasn’t released any of the covenants it imposed. This case has no relevance to the brewery covenants.

2. However, the brewery anti competition restrictive covenants have been cancelled by Act of Tynwald.

Keep up at the back.