MINUTES OF THE 013/4 EXTRAORDINARY COMMITTEE MEETING HELD ON 08.07.2013

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MINUTES OF THE 013/4 EXTRAORDINARY COMMITTEE MEETING HELD ON 08.07.2013  AT THE CONSERVATIVE CLUB, KIRKHAM

 

 

Present: Chris Bell, Clive Bell, Martin Dale,   Darren Hartley, Dave Hicks,  Andy Hird,  Mike Howe, Rob Lewis,  Steve Longworth, Pete Stridgeon, John Wiseman, Dave Wood with Kevan Ebbrell and trustees George Parker and Dave Earle

Apologies:

Andy Dunhill, Mikala Tolley, Caroline Webb

 

 

 

 

Main points of discussion

Chairman’s Remarks:

Darren thanked the meeting for their attendance and then invited Kevan to take us through the journey so far.

 

The Historical Perspective

 

Kevan stated that numbers 1,2 and 3 Newhouses, Little Langdale  were purchased in 1956, Number 1 was occupied by the Jowetts and Number 3 by the  Mackesons and Muirs. The original conveyances gave rights to maintain access and to construct a septic tank in the adjacent field. All three had the right to use the wash house at the back of number 3 (now our drying room). Numbers 1 and 3 shared the use of the most easterly privy and Number 2 had exclusive use of the most westerly privy.  What we now call the purple land the green land belongs to number 2 but numbers 1 and 3 have the right to enjoy and use this land excluding the purple land at the front of number 3.

 

The lack of plans and complexity of the land holding has not helped with the Land Registry process and we are indebted to Chris Campbell, who, using the descriptions in the conveyances, created the plans used for the Land Registry and the Transfer Deed now under consideration.

 

The owners of numbers 1 and 3 together with the club came to a verbal agreement in 1956; number 3 was to get the most easterly of the privies and number 1 the most westerly for which they gave up any rights to  the washhouse. It was decided to register the property with the Land Registry and together with number 3; the club began the registry process which was concluded in early 2010. What registration did was to reveal the fact that the privies still belonged to us and had never been formally conveyed. This situation was discussed in committee and a proposal to legalise the 1956 verbal agreement was put by the committee to an EGM in May 2010 and accepted. Dave Smith, the club’s solicitor, thought the deeds were poorly drafted, thought about what should be included and eventually came up with a draft transfer deed. Several changes were made to it and what we now see is an amended version of the second draft. The owners of Number 3, Stella and Christine were opposed to it and needed convincing that we all needed the protection of the deed.

 

Kevan stated that that’s where we are now- there have been many negotiations between the club and the owners of number 3 and the owner of number 1 has joined in with this.  Kevan further stated that the document is the work of the sub-committee, and that the neighbours had bought into the notion of shared maintenance costs and responsibility and rights for the various packages of land. The owners of numbers 1 and 3 had given their agreement to the draft deed now put before the committee and trustees.

 

 

Discussion

 Darren asked if it was documented that the FMC now own the drying room.  Kevan assured him that it was as it is shown on the property land registration; however the right of access for numbers 1 and 3 had not been rescinded.

Darren then asked Kevan if we are in a position for the members of the sub-committee and the owners of numbers 1 and 3 are in a position to endorse and sign the document. Kevan replied that Chris Campbell had now accepted the document after raising issues. Darren stated that Chris’ concerns had been forwarded to the club’s solicitor and his comments sought. Chris is happy with the responses made.

Kevan stated that we are not giving something for nothing –we have exchanged a privy for the sole use of the washhouse.

Steve asked if everything was complete after this and Kevan assured him that that would be the end of any negotiations as what had been decided on was legally binding. He felt that this would protect everyone in perpetuity.

In response to queries from Caroline Kevan assured the meeting that the matter she referred to was a note to the solicitor and not part of the deed as such and that the typing errors (which were his) had no bearing on it.

John referred to schedule 1 item 5 which is about the right to the use of the purple land for garden / pleasure ground which appears in the deeds for numbers one and three but not in ours. Kevan noted that this was because we own it.

Kevan stated that the pink land belongs to number 2, the yellow land belongs to us as does the purple and green land. The blue land belongs to number 3.

Mike enquired if we are at risk of inadvertently forfeiting some right in the future. Kevan thought that this would not be the case. He had faith in Dave Smith the solicitor after three years of involvement with him. Dave Smith had been to the cottage to see the complexity of the situation with the land. Chris Bell stated that answers the Chris Campbell were comprehensive and satisfactory and case history is on our side.

 

 

 

 

The Vote

 

The vote in favour of accepting the new Transfer Deeds was carried unanimously.

 

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The Next Steps

Darren formally thanked Kevan for the ‘long haul’ and for his tenacity in dealing with all the issues and problems. Darren felt that this effort was certainly worthy of recognition as did the rest of the meeting.

 

Kevan also wished to thank those others such as Chris Campbell who had also been involved.

 

Kevan has posted off the new plan created by Chris to solicitors and the new form of document. Dave Smith needs to cast a final legal eye over it. The document will be sent to Christine and Stella and the trustees David Earle, Andrew Hird, George Parker and John Wiseman (all present at the meeting) will sign on behalf of the club. Kevan will coordinate signing and witnessing of documents.

 

Kevan will notify Christine, Stella and Ben Dickey of what has transpired at the meeting and Andy Dunhill and Chris Campbell who were not able to be at the meeting. 

 

 

A.O.B.

 

Dave’s actions about 1. Periods of tenure-questionnaire, 2. How do we vote? 3. Issue of nominations.

 Dave considered the quorate status of the AGM –only just in recent years.

Dave Earle asked if we could reduce the numbers for the quorum but Mike commented that membership has not dropped considerably. Darren stated that we haven’t thought it necessary. Chris thought that it was a shame that these members didn’t come to the AGM. Dave Hicks thought that nominations before the AGM was a good idea. Dave thought that club members should be asked what they think. Job descriptions should be sent out in the next newsletter. Dave felt that the first step was to gauge feeling. Andy commented that statistically you will only get a 30% return to questionnaires – is this enough to make a decision on? John thought that he had had about a 40% return from previous surveys. Darren asked what the point of going to the AGM was if you could vote without attending. Dave felt that tenure could be staggered. Dave is to send the questionnaire for members to Rob who will distribute it to the membership in September.

 

Darren commented on the number of administrators for the Face book group. He asked what the policy was as some non-FMC members had appeared in the group. Concern is growing that some people are on there and nobody knows them. Mike stated that it should be for FMC members only. Martin was wary of us turning our backs on new members but Steve didn’t want non-FMC members posting. Woody thought that people should become members if they have been on for a limited time. Dave H noted that there were no addresses on there.

 

The Fell Race has been moved from the first week in November to the last week in November to facilitate ‘Old Lags’ meet.

 

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