REVEALED: Restrictive Covenant on Islamia Primary School land

 Many thanks to Philip Grant for his assitance with this article.

 

The 'elephant in the room' on the proposed move of Islamia Primary School after eviction by the Yusuf Islam (formerly Cat Stevens) Foundation has been the Foundation's plans for the site - they they merely said they want to develop it.

 

Wembley Matters has purchased a copy of the Land Registry entry for 129 Salusbury Road, the current site of Islamia Primary School. 

 

The following are details of the covenants contained in the  Conveyance dated 12November 1908 referred to in the Charges Register.  They appear to restrict any future development of the site, land and buildings, by the Yusuf Islam Foundation to educational use through schools. The only way that could be changed is by the owner applying to the Court (in this case The Lands Chamber of the Upper Tribunal) to have that restrictive covenant removed from the land.

 

The Purchasers do hereby covenant with the Commissioners to perform and observe the several conditions and stipulations set forth in the first schedule hereto. 

 

THE FIRST SCHEDULE above referred to 

 

That neither the land hereby conveyed nor any building or buildings now or at any future time erected thereon nor any part or parts thereof shall be used for any purposes whatsoever other than purposes authorised by the Elementary Education Act 1870 and the Education Act 1902 and the Acts extending and amending the same respectively [and that no building shall without the previous consent of the Commissioners in writing under the hand of their secretary be at any time erected on any part of the land coloured blue on the said plan].' 

 

This is what is known as a "restrictive covenant", so that the "burden" of the covenant relates to the land itself, and not to the owner of the land. 

 

For this to have effect,

 

'The original parties to the covenant must have intended that the burden of the covenant would remain with, and pass with the land every time the ownership changed.'

 

That quotation comes from a useful summary of the legal position  HERE. 

 

This seems to be clear evidence that the original parties to the covenant, the Ecclesiastical Commissioners for England ("Church Commissioners") and the County Council of The Administrative County of Middlesex (Middlesex C.C.), did intend that the land at 129 Salusbury Road, and any buildings on that land, should always be used for educational purposes as a school.

 

You can find much of the story of the Salusbury Road school site in Part 5 of Irina Porter's "Uncovering Kilburn's History' on Wembley Matters HERE. 

 

Philip Grant has contributed some further  historical background:

 

It appears that the Church Commissioners had bought the land in 1877. This may well have been for possible use for a school, as the Church of England was afraid that "Board Schools" set up under the 1870 Education Act would not teach religion. In fact, it was not until the end of the century that a school building was erected on the land for Kilburn Grammar School, a secondary school which had been founded by the Vicar of St Paul's Church, Kilburn, in 1897.

 

The Church Commissioners continued to own the land until 1908, when it was purchased by Middlesex C.C., after they and Willesden Urban District Council had jointly taken over the running of Kilburn Grammar School the previous year. Middlesex C.C. was abolished in 1965, at the same time that Willesden and Wembley Councils merged to form the London Borough of Brent. 

 

Brent Council then owned the land, and the school became the "comprehensive" Kilburn Senior High School in 1967, then merged with the girls school in 1973 to become Brondesbury and Kilburn High School. This ceased to exist when Brent had another reorganisation of its secondary schools in 1989, and Brent then sold the land and buildings. But they were sold to the then version of Yusuf Islam's charity, specifically to be used as a school, or schools, in line with the restrictive covenant.