This convenant. I don't believe it exists. We couldn't track it down when we were going through the same process with Jobson in the 90s. It was just referred to as a thing, but no one had seen it. Back then of course we still had people who were involved in the transfer of the ground to the club! No one since has confirmed they've seen it
It may well be an urban myth or a piece of paper that has long been shreaded.
If anyone has seen it or can verify its existence, it would be really helpful to have sight of it!
As searched out by
@The Big Dady although we never got to the bottom of it,I do believe
@Shrimperstrust may know more.
This is the Covenant that is attached to the Roots Hall Title Deed.
Schedule of restrictive covenants
1 The following are details of the covenants contained in the
Conveyance dated 14 February 1898 referred to in the Charges
Register:-
COVENANT by the Purchaser that he would thenceforth duly perform
observe and keep all and singular the stipulations set forth in
the said First schedule thereto.
PROVISO that the last mentioned covenant should only be binding on
the Purchaser during the actual period of ownership but should run
with land.
THE FIRST SCHEDULE above referred to
Spirituous malt or intoxicating liquor should not be sold on any
lot except upon the hotel site No shop should be erected or house
used as a shop except on plots marked for shops on the sale plan
Page 4 of 7 Schedule of restrictive covenants continued
No hut or caravan should be put upon any lot No house or shop
should be built of less value than Two hundred pounds No noisome
or offensive trade or manufacture should be carried on upon any
lot or any operative machinery fixed or used thereon. No soil
should be removed from any lot except for erection of buildings
thereon nor should any right of way be granted or permitted across
any lot Each Purchaser should properly repair the pathway and a
moiety of the road to the extent of its abuttal upon his lot to
the satisfaction of the Vendor In case of non-compliance with
this condition within twenty one days after notice had been sent
or left on the defaulter's plot the Vendor might repair such
pathway and road or any part thereof respectively and recover from
the person making default in so repairing the costs thereof and
incident thereto in such proportion as the Vendor might determine
Each Purchaser should forthwith make and afterwards maintain
boundary fences where marked T within the boundary and fronting
the road No building was to project beyond the building line
shewn on the plan and each purchaser must undertake the care of
his boundary marks.
NOTE 1: The T mark referred to affects the North Eastern boundary
of the land tinted mauve and hatched mauve
NOTE 2: The building line is set back an unknown distance from
Shakespeare Drive.
2 The following are details of the covenants contained in the
Conveyance dated 7 September 1910 referred to in the Charges
Register:-
The Purchaser hereby covenants for himself his heirs executors and
assigns with the Vendor or other the person for time being
entitled to the rents and profits of the adjoining land and to the
intent that such covenant shall bind and run with the land that he
the Purchaser his heirs executors and assigns or other the owner
or Occupier for the time being of the premises hereby conveyed
will within One calendar month from the date hereof erect to the
satisfaction of the Vendors Surveyors and forever thereafter to
the like satisfaction maintain a proper and sufficient fence along
the north western boundary not to be less than four feet or more
than six feet high and also will not get out or work any of the
earth gravel or other mines or minerals lying within an angle of
Forty five degrees taken from a line Three feet within the north
west boundary of the said premises to the intent that the said
earth gravel mines and minerals lying within the distance
aforesaid shall be left as barriers and wholly undisturbed from
any part of the said premises or otherwise permit or suffer any
subsidence or damage to the surface of the adjoining premises
belonging to the Vendor or his Trustees and in the event of any
subsidence or damage will keep the Vendor or other the person
entitled to the rent and profits of the said adjoining land fully
indemnified against any damage or loss which may be occasioned
thereby.
3 The following are details of the covenants contained in the
Conveyance dated 1 February 1911 referred to in the Charges
Register:-
COVENANT by Purchasers with intent to bind all persons in whom the
said hereditaments thereby conveyed or any part thereof should for
the time being be vested but so that every owner should be
personally liable under abstracting covenant only during the
period of actual ownership with the Vendor that they the
Purchasers his heirs and assigns would observe and perform the
said stipulations set out in the first schedule to abstracting
Indenture.
THE FIRST SCHEDULE
1. That no manufactory workshop laundry or any noxious noisy or
offensive trade shall be carried on on any part of the said
premises
Page 5 of 7 Schedule of restrictive covenants continued
2. That is the shops are erected they shall be ordinary shops and
used only for inoffensive trades and not for the purposes of a
fried fish shop or for any other undesirable trade.
3. That the land shall not be used for a dust shoot or deposit of
offensive or unsightly refuse and that no hoarding advertisement
board or the unsightly erection shall be permitted on any part of
the said premises.
4 The following are details of the covenants contained in the
Conveyance dated 11 April 1921 referred to in the Charges
Register:-
"AND the Purchasers for themselves their successors and assigns
hereby covenant with the Vendor his successors and assigns and
also as a separate covenant with the Commissions and their
successors (and so that this covenant shall so far as practicable
be enforceable by the Vicar for the time being of the said Parish
of Prittlewell or other the owner for the time being of the
remaining glebe land now retained by the Vendor or any part
thereof) that the Purchasers and the persons deriving title under
them will at all times hereafter duly observe the stipulations set
out in the Schedule hereto but so nevertheless that this covenant
shall be binding upon the Purchasers and the persons deriving
title under them only during the period of their respective
ownership of any interest in the land hereby conveyed.
THE SCHEDULE
1. No excavation to be made within twenty feet of the wall
forming the boundary between the hereditaments hereby conveyed and
the hereditaments coloured blue upon the said plan. Compensation
to be paid by the Owners or Owner for the time being of the
hereditaments hereby conveyed for all damage done to the said
hereditaments coloured blue or to any buildings hereafter erected
thereon by reason or in consequence of any excavation made by such
owners or owner.
2. The Purchasers within six calendar months from the date of
these presents to remove the gates now existing in the said
boundary walls and to build block up and continue such wall in
place of them to the height of the existing wall and to the
satisfaction in all things of the Vendor or his surveyor for the
time being.
3. No noisy noisome or offensive trade or business or the sale of
wine beer or spirits to be carried on upon the hereditaments
hereby conveyed or any part thereof"
NOTE 1: The boundary referred to is the southern boundary of the
land tinted yellow on the filed plan
NOTE 2: The blue land referred to is the vicarage shown on the
filed plan.
5 The following are details of the covenants contained in the
Conveyance dated 31 July 1953 referred to in the Charges Register:
"THE Purchasers hereby jointly and severally covenant with the
Corporation as follows:-
(a) That when laying out and from time to time developing the
premises hereby conveyed as a football ground the Purchasers will
take such precautions and execute such works as may be reasonably
required by the Borough Engineer for the time being of the said
County Borough of Southend-on-Sea for the protection of the Nine
inch diameter soil sewer shown by a green line on the plan
hereinafter referred to.
(b) To develop the premises hereby conveyed for use as a football
ground for the Southend United Football Club Limited and for no
other purpose and that in the event of such development not being
Page 6 of 7 Schedule of restrictive covenants continued
substantially proceeded with within a period of Ten years from the
date hereof in the event of the Purchasers at some earlier date
deciding not to proceed with such development the property and the
fee simple thereof shall be offered forthwith to the Corporation
for re-purchase by them at the price of Ten thousand nine hundred
pounds before it is offered for sale or on lease or otherwise
disposed of to any other person Such offer to the Corporation to
be open for acceptance by the Corporation for a period of Eight
weeks from the date of its receipt by the Corporation In the
event of the Corporation not accepting the said offer or declining
the same before the expiration of the said period of Eight weeks
then and in any such event this covenant shall cease to be valid
or of any effect Provided that the avoidance of the said covenant
shall not be deemed to abrogate modify or in any way affect the
powers and duties of the Vendors as local planning authority for
the County Borough aforesaid in relation to any development in
upon under or over the property hereby conveyed which from time to
time may be proposed to be carried out or carried on as the case
may be.
(c) That the Purchasers will within a reasonable time from the
date of commencement of work for the laying out of a football
pitch on any part of the said land (due regard being given to
difficulties in obtaining any necessary licence and materials)
enclose the property on all boundaries with fences and gates of a
height of not less than six feet.
(d) For the benefit of the adjoining land of the Vendor coloured
grey and grey cross-hatched black on the said plan and any and
every part thereof to observe and perform the restrictive or other
covenants or stipulations mentioned in the Second Schedule hereto
and to indemnify the Vendors in respect of all actions claims and
demands in respect of any future breach of the same."
NOTE: The green line referred to is shown by a broken brown line
on the filed plan. The land coloured grey and grey cross hatched
black is edged yellow and hatched blue on the filed plan
respectively
If I am reading the highlighted part correctly that would seem to say that RH is for SUFC only and if it were to change then surely a suitable other FF would have to be in place before it could be anything else...I am no expert here though.
