Trustees of Movilla Gospel Hall v Violet Hill
| Jurisdiction | Northern Ireland |
| Neutral Citation | R/1/2021 |
| Court | Lands Tribunal (Northern Ireland) |
| Date | 27 October 2021 |
LANDS TRIBUNAL FOR NORTHERN IRELAND
LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964
PROPERTY (NORTHERN IRELAND) ORDER 1978
IN THE MATTER OF A REFERENCE
R/1/2021
BY
ALAN MILLIGAN, FREDERICK CROMIE AND JOHN LOWRY AS
TRUSTEES OF THE MOVILLA GOSPEL HALL – APPLICANTS
AND
VIOLET HILL LIMITED - RESPONDENT
Re: Movilla Gospel Hall, Movilla Road, Newtownards
Lands Tribunal for Northern Ireland – Henry Spence MRICS Dip.Rating IRRV (Hons)
Background
1. Movilla Gospel Hall, Movilla Road, Newtownards (“the reference property”) is held under a
lease (“the lease”) dated 14th December 1982 between William Copeland & Son Ltd (1) and
The Baptist Union of Ireland (Northern) Corporation Limited (2) for a term of 9,000 years at a
peppercorn rent.
2. By deed of variation dated 3rd February 1997 Alan Milligan, Frederick Cromie and John Lowry,
as Trustees of the Movilla Gospel Hall (“the applicants”), became the tenants under the lease.
3. The deed of variation contained covenants o n the applicants’ part to (i) construct a Gospel
Hall; and (ii) not use the reference property for other than a Gospel Hall.
4. The reference property had been continually used as a Gospel Hall but the applicants advise
that the congregation has depleted such that it has been determined that the ministry at the
reference property should cease and the reference property be sold. The applicants consider
that they require the “user” covenant to be extinguished in order to facilitate the sale.
To continue reading
Request your trial