AFTER my first letter in the paper (Evening Advertiser October 5) continuing the objections to a proposed nursery school at 87, Marlborough Road, I looked up my law book, and have now double-checked with my solicitor.
The legal situation is as follows:
Anyone wanting to use a house in this area for any type of business, because there is a restrictive covenant in the deeds prohibiting business use, will have to go to court to get the restrictive covenant cancelled.
To do so they will have to make a good case for this. We all know now, as the proprietors of the proposed nursery school confirmed in their answer to my previous letter, the quality of life of residents in the houses here will be adversely affected.
It will also be, to quote my law book, injurious, and therefore, taking into account all the other reasons for objection from letters by residents already printed, the restrictive covenant in the deeds of the houses here, will never be cancelled.
The owners of 87, Marlborough Road, and the estate agent handling the sale should have informed the intending purchasers of this fact.
M Johnston
Swindon
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