Property Law

“Following Government initiatives to increase sports participation in the
community Peak Sports plc is seeking to purchase playing fields in the village
of Horne Dale. The land is presently co-owned by four charitable companies (as
tenants in common). They are willing in principle to sell but need to realise
the best market value for each of their trusts for the land. Negotiations have
reached deadlock as not all the charities agree on the best price.
In addition there is a restrictive covenant on the land which prevents the
building of anything larger than the existing small hall on the site. Peak
Sports plc would like to build a gym and changing rooms as an extension to the
existing hall; this will enable the most effective use of the land. The
neighbours, who benefit from the covenant, are objecting to large scale
building.
The hall is currently used three evenings a week, between 7pm and 9pm, for band
practice by the local Marching Brass Band. They have used the hall for all of
their hundred year existence. However, Jacques, one of the neighbours to the
hut, has objected to this. It is disturbing his daily meditation, which
requires absolute silence. It would cost ?30,000 for Jacques to sound proof his
home sufficiently.”

 
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