Definition of 'in Perpetuity'

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Offline punkrocksurveyor

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Definition of 'in Perpetuity'
« on: October 27, 2016, 14:14:50 »
Hello there,

This is my first post, so if it's in the wrong place, or has been asked oodles of times before (i have done a search beforehand) - please go easy on me.

We bought a timeshare - 1 fixed week at Thurnham Hall in Lancaster in 1999. This was sold on a 99 year contract.
What i'd like to know is how far does the term 'in perpetuity' stretch? does it need to state 'in perpetuity' or could a long contract of say more than 70 years be construed as that?
We are in a position now that we would like to surrender our Deeds (due to non use and increasing costs) and are looking for the best route to take. On reading posts on this forum, it seems that an 'in perpetuity' contract may be able to be rendered null and void.

Any advice would be welcome.

Thanks in advance.

Offline jcorrea-lawyer

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Definition of 'in Perpetuity'
« Reply #1 on: October 27, 2016, 16:52:26 »
In perpetuity contracts are null & void in Spain but not sure in the U.K. In Spain it is not necessary to be really in perpetuity, contract for more than 50 years can be declared null & void.
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Offline lawnmower60

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Re: Definition of 'in Perpetuity'
« Reply #2 on: October 27, 2016, 17:31:45 »
Thurnam Hall is owned by Diamond Resorts who are in trouble look at this posting
   http://www.timesharetalk.co.uk/index.php/topic,19383.msg61317.html
Brian

Offline punkrocksurveyor

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Re: Definition of 'in Perpetuity'
« Reply #3 on: October 27, 2016, 22:34:00 »
Thanks for that - with the takeover seemingly gone through - I wonder if this may be a perfect time to just surrender my Deeds an walk?

Offline Norm de Plume

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Re: Definition of 'in Perpetuity'
« Reply #4 on: October 29, 2016, 11:50:37 »
Probably.  99 years is not "perpetuity" in the UK.
If you have found the advice I have given useful and I have saved you some money, perhaps you would like to make a donation to the Prostate Cancer Charity, mentioning my name. (www.prostatecanceruk.org)

Offline punkrocksurveyor

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Re: Definition of 'in Perpetuity'
« Reply #5 on: November 01, 2016, 10:15:40 »
I'm expecting my renewal forms for the maintenance fee in the next couple of weeks - so I think this may be the perfect time to compose a thanks, but no thanks letter.


Offline punkrocksurveyor

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Re: Definition of 'in Perpetuity'
« Reply #6 on: February 09, 2017, 13:56:43 »
Hello again,

I decided to have a go a rescinding my agreement at Thurnham Hall.
I composed a polite letter explaining that my original agreement, signed in 1999 contained a clause which stated the maintenance fees would increase in line with inflation - I accompanied this with a copy of the relevant section from the agreement and a list of historic UK inflation rates for the last 16 years to back up that we were being over charged, in accordance with the terms of our agreement.
To cut a long story short - a couple of letters have since passed between myself and DRI without resolution.
The latest informs me that in 2006 following the takeover/buyout a new constitution and management agreement was introduced at the AGM - and the contract documentation I had offered as evidence was no longer current.

Would I be correct in thinking that following a takeover/buyout then existing agreements should be honoured along with the terms & conditions which the agreement is based on? Surely if they were going to change my agreement then I should have had the option to either agree to the new conditions, or walk away?

Thanks in advance

Offline Norm de Plume

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Re: Definition of 'in Perpetuity'
« Reply #7 on: February 10, 2017, 10:42:44 »
You are correct. Stop paying and see what happens.
If you have found the advice I have given useful and I have saved you some money, perhaps you would like to make a donation to the Prostate Cancer Charity, mentioning my name. (www.prostatecanceruk.org)

Offline punkrocksurveyor

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Re: Definition of 'in Perpetuity'
« Reply #8 on: September 28, 2017, 10:47:12 »
Just had a letter from Diamond Resorts suspending use of the facility and threatening debt recovery - if we don't pay up.
I'm twitching - as I don't want to end up with a CCJ hanging over me. I may just pay the release figure of 2 years maintenance.