The Fuller Connection

When the sale of GP was first muted many months ago, it was discovered that the original sale conveyance of the land where GP now stands contains a restrictive covenant that only permitted the land to be used, in essence, for sporting/recreational activity. This restrictive covenant continues to appear in the copy of the Land Registry document for GP.

The covenant was inserted by the vendors of the land. Fuller, Smith and Turner the brewers. Both the vendor and the purchaser remain in existence today.

One of the current family members of the Brewery, (Mr Fuller? I believe), was reported at an early stage when a sale was being discussed as saying that he would enforce the covenant if he did not consider that any proposals for GP were to the Football Club's advantage. I recollect that he said something along the lines that this meant that a new stadium had been sorted?

Things now seem to have gone quiet on this restrictive covenant front. Whilst you may be able to get a planning consent, that does nor supersede or over-ride any other covenants, easements, etc., that may apply to the land in question.

So what has happened or is happening with regards to this restrictive covenant? Any planning consent may be worthless if Fullers decide to try and enforce the covenant, for whatever reason. The Club could apply to the Lands Tribunal to have it removed, but that could potentially be expensive and is by no means guaranteed if there are strong and valid objections. The Club could, or may already have, approached Fullers to get their agreement to lift or vary the covenant, but again their may be a (high) price to pay?

So my questions are:

1. what, if anything, have the Club done to ensure that any planning consent is not prejudiced by this covenant?
2. has anyone from either the Club, the Supporters Trust, etc, been in contact with Fullers to see what their views on the present situation may be?
3. do the Supporters want to get Fuller’s on board to possibly assist with controlling what Chairman Noades may be planning to do with GP?

I was wondering about this at the weekend.
I would like to know the FULL sp!!
Email Fullers through their website below!!

Fullers Brewery Website

[ 03 April 2002: Message edited by: Spiderbee ]

Baz

About a year ago I found out from Fullers what the covenant was all about. I was going to write a piece for Beesotted....erm, but didn't.
Anyway, Fullers essentially has control over a plot of land approx twice the size of land occupied by the Princess Royal.
The covenant states that this land should remain for sporting use but is doesn't apply to the whole GP plot.
Fullers effectively has the power of veto over any development since developers/Brentford couldn't get planning permission without the approval of the brewery.
Fullers told me at the time that they had not been approached by the club, but would consider any deal on its merits. Obviously, Fullers could either sell its interest in the ground to developers/the club or sit tight and stop any building taking place. If it sold up the brewery would have to weigh the sale against the possible closure of its many pubs around the ground, which do most trade on matchdays.
Hope this helps.

Fullers will also look no doubt at the extra 365 day trade from having houses and flats on the site. All the pubs will be renamed with some trendy name selling cheap pasta dishes at a overpriced amount.

Fullers have unfortunately followed the bigger breweries in their pub concepts (Fine Line chain = Fullers) and Brentford will be ideal spot to engage in their Yuppie trade.

Neal, I have a copy of the Land Registry document (Office Copy of Register Entries) Title Number NGL560153 dated 23 December 1999. Someone off the GP obtained it I cannot remember who. Unfortunately the tinting of the plan attached thereto is not as good as it might be.

The Charges Register refers to land tinted pink and yellow on the filed plan and other land............. contains covenants details of which are set out in the schedule of restrictive covenants hereto.

The Schedule of Restrictive Covenants includes the following:

1. The following are details of the covenants contained in the Conveyance dated 21 December 1904 referred to in the Charges Register:-

“AND the parties hereto of the third part and with the intent to bind so far as may be the lands hereby conveyed into whatsoever hands the same may come and the owners and occupiers thereof for the time being do hereby for themselves their heirs their executors and administrators covenant with the said Herbert James Hope Edwardes his heirs and assigns and the person s from time to time entitled to the Ealing Estates ………….. shall not nor shall any building thereon at any time hereafter be used for any purpose or any purpose or in any manner which may be a nuisance or annoyance to the said Herbert ……….. or the owners or occupiers for the time being of any land adjoining or near thereto or which may tend to lessen the value of the adjoining or neighbouring estate……………. PROVIDED nevertheless that the orderly user of the premises as a place for the sport and pastime of football cricket lawn tennis bowls or other athletic or like sports or pastimes shall not be deemed to be a nuisance or annoyance in breach of the foregoing covenant. And further that no building or erection except a boundary fence not more than twelve feet high and except erections for the purpose of turnstiles and pay boxes shall at any time be erected on the premises sold within six feet of Ealing Road, Braemar Road or Brook Road. And further that no dwelling houses or other buildings shall be erected on the said land hereby assured unless the plans drawings and elevations thereof shall have been previously submitted to and approved of in writing by the said Herbert ……………. or his successors in title for the time being in possession of the Ealing estate of which he is tenant for life.”

There are also other matters in the Charges Register referring to the land measuring sixty feet by seventy one feet which if it ceases to be used for on of the activities indicated above can be re-purchased for £150 by the landlord.

So things are not as perhaps as straight forward in the same way as if BFC held the freehold to the entire site without any encumbrances thereon!

If Fullers were that keen on supporting Brentford FC then surely they would have some advertising hoardings around the ground and not just the old Fullers sign from the 1960s behind the Ealing Road end.

Originally posted by Sultan:
If Fullers were that keen on supporting Brentford FC then surely they would have some advertising hoardings around the ground and not just the old Fullers sign from the 1960s behind the Ealing Road end.

Click to expand...

Yes, but this could win them brownie points without costing very much.

Additionally, if they were able to use the sixty feet by seventy one feet piece of land as a ransom strip they could either make a nice little windfall for themselves, or perhaps actually make sure that the future of the club is securer than it may otherwise be!!!

This potentially, has some 'legs'.

Just some random thoughts.

Fullers London Pride across the frontage of the Braemar Road stand would be worth £000's

Decent Fullers advertising.

Exclusively Fullers brands on sale in club bars.

If they came up with enough money, I'd even beup for a renaming of the ground as "The Fullers Stadium, Griffin Park".

Although it may be too late for 2002/3, as I have seen posted in another thread wouldn't it be great to have "London Pride" emblazoned across our shirts?

How about Fullers having an exclusive for all of the new bars/concessions in a new or redeveloped stadium?

Originally posted by Nigel Brooks:
This potentially, has some 'legs'.

Just some random thoughts.

Fullers London Pride across the frontage of the Braemar Road stand would be worth £000's

Decent Fullers advertising.

Exclusively Fullers brands on sale in club bars.

If they came up with enough money, I'd even beup for a renaming of the ground as "The Fullers Stadium, Griffin Park".

Although it may be too late for 2002/3, as I have seen posted in another thread wouldn't it be great to have "London Pride" emblazoned across our shirts?

Click to expand...

The pdf of the land registry is here:
http://www.gpgrapevine.co.uk/griffinpark.pdf

and the thread is here:
http://gpgrapevine.co.uk/cgi-bin/ultimatebb.cgi?ubb=get_topic&f=1&t=001471

Ooh, I have been revising this for my exam in Land law at uni!! Fullers have an equitable interest in the land in the form of a restrictive covenant which would be overriding on any new owners. Therefore, Fullers would have to give permission to give this up in order to develop the land. section 7(1)(g) of the Land Registration Act 1925 if my recollection serves me right! Although a new Bill is going througfh parliament which might change that (I have not revised reform yet).