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Can a conditional sale be enforced 20 years later?

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  • Can a conditional sale be enforced 20 years later?

    Hi,

    I've been looking over property deeds for a potential development and there is a schedule of restrictive covenants.

    This is from 20 years ago, and I was wondering if it could still be enforced. See the actual wording below:

    Schedule of restrictive covenants
    1 The following are details of the covenants contained in the
    Conveyance dated 22 May 1951 referred to in the Charges Register:-
    "THE Purchasers with intent and so as to bind (so far as practicable) the property hereby conveyed into whosesoever hands the same may come and to benefit and protect the Vendors' said land known as CGC but not so as to render themselves personally liable for a breach of covenant committed after they shall have parted with all interest in the property in respect of which such breach shall occur HEREBY COVENANT with the Vendors that they the purchasers and their successors in title will at all times hereafter observe and perform the stipulations and restrictions following in relation to the property hereby conveyed namely:- (a) The Purchasers shall not at any time without the consent in writing of the Vendors or their successors in title
    owners for the time being of the said land known as the CGC previously obtained use or suffer to be used the property hereby conveyed or any part thereof for the purposes of a Golf Club or a Social Club or a Recreation or Sports Ground and
    (b) The Purchasers shall not at any time without such consent as aforesaid erect or place or suffer to be erected or placed any building at the north east corner of the land hereby conveyed in such a position as would unreasonably interfere with the Vendors' right of entering thereon for the purposes of constructing laying and maintaining such drainage sump and water pipe in manner aforesaid"
    2 The following are details of the terms of the variation contained in the Deed dated 10 November 1989 referred to in the Charges
    Register:-
    "IN consideration and pursuance of the said agreement the Club HEREBY AGREES AND CONFIRMS that the Covenant shall be varied in order to permit the Developer and its successors in title to use the land shown on the said plan marked 'B' annexed hereto for the following purposes only and for no other purpose whatsoever:-
    (a) for use as Golf Driving Range
    (b) for the provision of drinks (including alcoholic liquor) and
    assciated bar meals to those persons using the said Driving Range providing that the provision thereof is ancillary to the main user as a Golf Driving Range
    2. THE Developer to the intent (and so as to bind so far as practicable) the land shown edged red on the said plan marked 'B' annexed hereto and each and every part thereof into whosesoever hands the same may come and to benefit and protect the adjoining and neighbouring land belonging to the Club and each and every Schedule of restrictive covenants continued part thereof HEREBY COVENANTS with the Club that neither the Developer nor those deriving title under it will not utilise the said land shown edged red on the said plan marked 'B' annexed hereto for any building erected thereon for the provision of restaurant facilities or for the holding of any social function whatsoever save for the provision of associated bar meals and ancillary to the provision of drinks"
    NOTE: The land shown on the said plan marked 'B' referred to comprises wholly the land in this title.
    3 The following are details of the covenants contained in the Conveyance dated 23 October 1989 referred to in the Charges
    Register:-
    "The Purchaser hereby covenants with the Vendor to the intent that it shall be a covenant to which Section 33 of the Local Government (Miscellaneous Provisions) Act 1982 shall apply for the benefit and protection of the Vendor's neighbouring land and estate or any part or parts thereof and so as to bind so far as may be the property into whosesoever hands the same may come that the
    Purchaser and the persons deriving title under him will at all times hereafter observe and perform the following restrictions and stipulations :-
    (i) Not at any time to use the property or any part thereof otherwise than as a golf driving centre and associated facilities including a restaurant and licensed bar
    (ii) Not to erect any building or buildings on the property except
    in such position and according to such plans elevations sections and specifications of such building or buildings respectively including building lines and points of access to the property as shall be submitted by the Purchaser to and be required and approved by the Vendor as landowner and approved by the Local Authority and the local planning authority prior to the commencement of such building or buildings
    (iii) Not without such approval as aforesaid to make any alterations or additions to any building or buildings erected on the property
    (iv) Not to use or permit to be used asbestos or asbestos related materials or compounds in connection with the repair alteration or construction of any building erected or to be erected on the property
    (v) Not to use any part of the property as a licensed public house"
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