Residents' Association Forum

Please someone on the covenant and when it expires

As I understand it there are a number of Restrictive Covenants that have either been waived or ceded to Caring Homes as part of an agreement with the Boyle Farm Estate. There is now a question as to whether HC have breached the terms of that agreement and therefore should not benefit from them being relaxed.

For those of you who are interested and I'm not a property lawyer! Covenants as such don't normally expire. They are available from Land Registry. The current HoC covenants were updated in Sep 2008. Relevant sections:

That successors in title will not use the Property... for any purpose other than:

as a private dwelling house; or

as a care home or nursing home (including dementia) for the elderly (including ancillary staff residential accommodation) run either on a commercial or non-profit basis.

Hope this helps.

You can get indemnity insurance for breach of covenants as long as the covenant wasn't recently imposed. Does anyone know when it was imposed?

You can't get insurance for something that you know to be being actively enforced, as these covenants are (by the Boyle Farm Estate).

So do all residents of Boyle Farm have the benefit of the covenants?
I just wished that whoever has the benefit of them would release them so that teh site coudl either be developed into flats.  It seems that the only way to make the building viable as a nursing is to corrupt it with some kind of Barrett Homes style extension.
It is such a magificent building it should either be renovated as it stands (anyone seen the Princess Square development on Claremont Lane in Esher as a benchmark) or honoured with stunning contemporary extension.

Ratty - if the covenant is breached I.e. Caring are not actually using the building as a Care home, surely the resident of bf should benefit? Are you


Can bf widen the covenant to retirement maybe, if I was them I would prefer to have some nice apartments a hotel?

I think that the only party that can vary the covenants is the Boyle Farm Estate.  In the private negotiations in 2007 to 2008 that resulted in BFE agreeing to vary the covenant to allow a commercial care home, Caring Homes agreed to make over to Boyle Farm Estate a strip of land to the Thames and build a slipway for the private use of Boyle Farm Estate residents only.  They delivered on that promise, the slipway was soon built.  I wonder whether the Boyle Farm Estate is now tied to Caring Homes by that package agreement in any way?

It's a shame that the covenant can't be relaxed to allow for a boutique hotel.  This would be a benefit to the whole village, especially if it had a restaurant, afternoon teas on the lawn etc.  Ooh - and a river boat service for guests and residents calling to Hampton Court or Kingston.

There are very differing views on that - it has been discussed a lot on previous threads.

I'd operate a riverboat service to HC on weekends if enough people were interested

Hmm.... I'd be more interested in a riverboat service to Kingston for my weekly shop!

I would also pay for a taxi service to Kingston and also across to Home Park for either a walk or play golf. There are many possibilities and its a good asset that we don't have on this side.

Craig - how much will it cost and can it be done via email/phone for to agree meetings times or will it be timetabled.

Upto Kingston I would pay £5 or maybe £7 for a return ticket. Happy to walk or bike back but not both ways.

Across to the island, maybe £2 or £3 for the return.

I would use both winter and summer aswell. Would you use the jetty at the swan or the beach. There's apparently another jetty going in at the beach

ps. I meant to home park not the island.

will run some numbers on it, I tried to do it once before but was impossible to find staff to do it but I have someone in mind now.

Would probably be from the slipway.

Would be great to be able to get to Home Park to walk the dog without having to walk down to Hampton Court Way but whether there would be enough demand to make it viable is another thing.......

What we need is bridge over the Ember!

agreed

A bridge also would be great, maybe a s106 payment from the large scale dev. due to happen hospital, Taggs, home of compassion.

Craig - suggest you start a different page for boat service, there is a market. Personally I would let a student do it, maybe an old retired local sea dog, a student could help with ropes etc

thats exactly the sort of person I wanted

What would be perfect would be a bridge over the Ember and a bridge over the Thames - imagine being able to walk or cycle from the Swan to Home Park or HC Palace.  The Swan would no doubt get a load more customers from the other side too as would many other shops.  In the meantime though or in addition, a Thames Ditton boat service would be fantastic. 

Aye!

I thought of this once (funnily enough whilst sitting at the Swan and watching island residents cross to their abode!).

http://residents-association.com/forum/index.php?topic=194.0

or the Thames!!

http://residents-association.com/forum/index.php?topic=194.0

I did some investigations into the cost of a small footbridge but it was incredibly expensive. To take a bridge from anywhere right across the Thames to Home Park much moreso. Walton Bridge cost circa £30m from memory albeit thats for cars too.  Agree would be nice though.

There are however other Thames bridges getting approval or under consideration so it must be possible....

http://www.dezeen.com/2013/11/04/new-images-heatherwicks-garden-bridge-across-the-thames/[/url]
[url]http://www.bbc.co.uk/news/uk-england-berkshire-24571664[/url]
[url]http://londonist.com/2013/03/new-bridge-could-link-nine-elms-and-pimlico.php

Yeah and apparantly our council is flush with cash (depending on whom you believe!)!

Sorry massive thread drift but then again the original topic of this thread has been discussed before so maybe its not too bad.

Interesting reading Peter, thanks for posting. If we can find 20-150m through grants etc etc then agree, it could be very nice.