DURING the recent campaign over Fulledge Recreation Ground, Burnley, we researched its history. Lady O'Hagan sold Fulledge Recreation Group to the County Borough of Burnley in 1896 for £3,000. This price was noted as being less than the full value of the land because the sale was for the benefit of the public.
The following restrictive covenants in the deed dated July 15, 1896, are showing on the land register:
"The Corporation hereby covenants with the said Baroness O'Hagan and her successors in title.
"FIRST that they the Corporation their successors and assigns will at all times hold use maintain and keep the said premises hereby conveyed and every part thereof in perpetuity for the purposes of a public park or recreation ground and for no other purpose whatsoever.
"SECONDLY that the Corporation their successors or assigns will not any time hereafter erect on the said piece of land hereby conveyed any building whatsoever except the buildings incidental to the purposes lastly hereinbefore mentioned without the previous license of the said Baroness O'Hagan or her successors in title or her or their agent...." These restrictive covenants are still showing on the land register, along with a deed dated February 25 1966 between Sir Geoffrey Ronald Codrington and Charles Louis Leopold Alfred de Beaumont and the County Borough of Burnley, under which the "covenants were expressed to be released." I was advised by the Land Registry that the fact that the covenants were still showing and the wording "expressed to be released" meant that the Registry did not have sufficient information to guarantee that the covenants had been extinguished.
I have been unable to discover the reasons why this release deed was drawn up in 1966.
However, the council had already broken the covenant by erecting the building used as a canteen by Todmorden Road School in the late 1950s. This portion of land is no longer included in the plan of Fulledge Recreation Ground, although the building was demolished some years ago, is not fenced off, and to all intents and purposes is part of Fulledge Recreation Ground. Presumably it was transferred to Lancashire County Council after local government changes in the mid-1960s. If this is the reason for the release deed, why should the future of the whole recreation ground be at risk because Burnley Council broke the covenant in the first place?
During the recent campaign we asked Burnley Council to replace the covenant on this land to preserve it for future generations. If anyone can provide information about the circumstances for the release deed in 1966 or the people who signed it, please ring me.
MARGARET NELSON (Mrs), Thursfield Road, Burnley.
Tel: 01282 421869.
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