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A piece of land fronting on to the sea was sold to the local…

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A piece of land fronting...
A piece of land fronting on to the sea was sold to the local authority in the 1930 with a covenant preventing the land being used for commercial activities or for allowing the erection of buildings other than public shelters or bandstands.

The land was subsequently developed into a public promenade backed by public lawns and flower beds. The successor to the then local authority - now the District Council is seeking to lease part of this land to a private developer for conversion into a mini-golf course as part of the development one of the promenade shelters would be converted into shop and sales kiosk. Can the Council simply overturn the covenant?
Submitted: 8 years ago.Category: UK Property Law
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Answered in 2 minutes by:
6/14/2010
Solicitor: Joshua, Lawyer replied 8 years ago
Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 26,166
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Verified
Not exactly but the covenant may no longer be enforceable particularly from such a long time ago.

In order to give you a more comprehensive answer than the above, I would need to know the exact wording of the covenant, with whom the covenant was made and whether the beneficiary still has any interest in any land nearby or adjoining the land in question.
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