What will happen to the Crown Street Library building – isn’t it covered by a restricted covenant?
The library opened in 1885 following a bequest from the will of Edward Pease (1834-1880) and we have been in touch with the Pease family about the Council’s budget proposals. Although we do not have the original records, it may well have been the case that the property was subject to a restrictive covenant and possibly a trust.
In 1983 a statutory declaration was made by a former Assistant Borough Solicitor about the loss of deeds that occurred in 1974. This indicated that in 1983 the property was thought to be subject to a restrictive covenant that it should be ‘used for purposes of a public library forever’.Land Registry records show the Council as the freehold owner, but there is reference made to lost deeds and documents and that restrictive covenants imposed before 9 September 2010 are still enforceable.
If there is a restrictive covenant concerning the Crown Street building this does not prevent the library service from relocating to another building. It could however restrict the future use of Crown Street. There are steps that can be taken to have a restrictive covenant removed. This would be by making an application to the Lands Tribunal, which has the power to vary or discharge covenants on land.