WICKENS ESTATES LIMITED
Wickens Estates Limited (Co No 00463356) changes their name to Store Property Developments Limited immediately after the transfer of a shared drive access to Lime Park Estate Limited. This was most likely to distance themselves from the transaction - where there is no other explanation for such a move.
The transfer was a mechanism where Peter Townley and Henry Arnell believed that in taking on such management of the shared drive that they had more powers than they had in fact acquired, the aim being to abuse those powers to disadvantage the occupier of the land on which the old generating buildings stood/stand. Why? Most likely because of the common law right now embodied in the Party Wall etc. Act 1996 and the Access to Neighbouring Land Act 1992.
When considering purchasing The Rectory, Peter and June Townley were aware of the early electricity generating buildings and that the occupier was busying himself with restoration works that were inconvenient to their retirement plans.
The previous owners had planted a boundary hedge, a line of evergreens that is today frowned upon, if they are not kept under tight height control, where nasty neighbours were using such a device to stifle the rights of their victims. Peter and June Townley used their leylandii to full effect, not tending them at all so that they grew out of control to shade the old generating buildings and cause harm to the foundations from their roots.
The Townleys knew that the generating buildings posed a threat to any development plans that they might be entertaining, leaving applying for permission to extend the Old Rectory until they thought that their neighbour was not paying attention by virtue of being preoccupied in 2007.
For years Peter and June Townley had denied the history element of the adjacent buildings, for once recognised, there would be little chance of acquisition.
By taking control of the shared drive, neighbours hoped to limit parking, so reducing the value of the generating buildings for commercial use, where in blocking residential use that would be the only alternative. But, by making parking difficult, that would solve that problem, putting off potential developers - hence keeping the property undervalued.
PHOTOGRAPHIC EVIDENCE - This access to the shared drive should be kept clear at all times. These photographs taken in April 2016 -top] October of 2016 [middle] and January of 2019 [lower] shows that the covenants that must be performed for the benefit of all users, are not being performed by the directors of Lime Park Estate Ltd. Copyright © photograph, Herstmonceux Museum Ltd January 2019.
The conditions of sale were to observe and perform the covenants referred to in the Charges Register. The directors of Lime Park Estate must therefore keep the access at both ends of the drive open, but have failed to do so, indeed, their intention was not to keep the drive operable as it should be, but to close off one end. They have also failed to keep the shared access in good condition.
POTHOLES - There is a lot of work going on in Lime Park, but not to the drive, the reason the company was formed. It makes us wonder what the directors think that this company exists for. Copyright © photograph, Herstmonceux Museum Ltd 19 February 2019, All rights reserved.
The lawful purpose of a residents property management company is to fairly represent the interests of all concerned. Lime Park Estates Limited was set up specifically to exclude one occupier to be able to bully him. The Companies Acts describe this as oppression - which is of course unlawful - and as that mantra moved past November 2006, became illegal by virtue of the Fraud Act 2006, with anyone involved potentially liable in respect of the Accessories Aiding and Abettors Act 1861.
Discrimination of this kind may also be a violation of Article 14 of the Human Rights Act 1998.
Clearly, unless resolved, this is a matter for Companies House and/or the Department of Public Prosecutions, possibly involving the disqualification of any and all directors, unless they work to correct their modus operandi and include the interests of all those using the shared drive in their day to day thinking.
SHARED DRIVE - The land coloured blue is a drive that was transferred from Wickens Estates Ltd to Lime Park Estate Ltd in 1986, subject to: "a covenant to observe and perform the covenants referred to in the Charges Register and of indemnity in respect thereof." The directors of Lime Park Estate must therefore keep the access at both ends of the drive open.
The lawful purpose of a residents property management company is to fairly represent the interests of all concerned. Hence, a prerequisite is that all the occupiers of whatever, are offered the opportunity to make representations and to purchase shares to ensure that no single person has a controlling stake in the company.
The Companies Acts describe this as oppression - which is of course unlawful - and as that mantra moved past November 2006, became illegal by virtue of the Fraud Act 2006, with anyone involved potentially liable in respect of the Accessories Aiding and Abettors Act 1861.
Map of the Wealden District
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