Help fight takeover of your le­gal rights

Bath Chronicle - - OPINION -

A few days be­fore Christ­mas we, and I as­sume oth­ers in the im­me­di­ate area around the Rec, re­ceived a let­ter from well known firm of Bath so­lic­i­tors act­ing on be­half of Bath Rugby stat­ing the veiled threat that their clients con­sider that the 1922 Covenant re­gard­ing the land on the recre­ation ground to be “un­en­force­able”. As this let­ter seems to have only come to just a few house­holds near the Rec, I can only think that they wish to be se­lec­tive re­gard­ing all the other “Cit­i­zens of Bath”. There is no sense in list­ing all their rea­sons and our counter rea­sons at this stage but un­less all peo­ple in Bath un­der­stand the threat­en­ing na­ture of such a let­ter and come out fight­ing for their rights un­der the 1922 Covenant, and due to the fact that when the City of Bath Cor­po­ra­tion pur­chased the Rec in Fe­bru­ary 1956, sec­tion 13, (then sub­se­quently taken over by BANES) and con­firmed in the High Court in 2002, it is also ex­plicit in the 1956 con­veyance, that these rights also con­sist of the fol­low­ing: (the Sec­ond sched­ule “re­stric­tions con­di­tions and stip­u­la­tions”) The Cor­po­ra­tion shall not use the prop­erty herby con­veyed oth­er­wise than an open space. Shall not show any un­due pref­er­ence to or in favour of any par­tic­u­lar game or sport or any par­tic­u­lar per­son, club, body or or­gan­i­sa­tion Not take over ap­prox 60 per cent of the Rec with a tin wall 60 ft odd high, look­ing like an up­turned sar­dine can, des­e­crat­ing the cen­tre of Bath and the view from the sur­round­ing hills. If we go back to the orig­i­nal covenant in 1922 it seems to me in cer­tain sec­tions of the con­veyance and covenants the clear in­ten­tions of Cap­tain For­rester, he sim­ply wanted to ben­e­fit the whole area round Bath and the Bath­wick es­tate, cer­tainly not tie up fu­ture gen­er­a­tions with a le­gal duty to re­peat­edly ev­ery few years to have to fight a bil­lion­aires “PLC busi­ness” which was specif­i­cally ex­cluded in this Covenant. I would hope that this let­ter will wake up all Batho­ni­ans to this im­plied threat and join the group called “Friends of the Rec” via email and help fight this takeover of your le­gal rights. Eric New­bi­gin Bath

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