Bohs Court Case

[Réiteoir]

There can be two types of owners of land. Legal owners and beneficial owners (or equitable owners).

Take for example a couple who bought a house 30 years ago. Only Mr A's name is on the title deeds but both Mr and Mrs A payed off the mortgage equally over the thirty years.

So while Mr A is the legal owner, Mrs A has a 50% beneficial interest in the house.

Mr A is therefore is the legal owner of the entire house but only has a beneficial interest in 50% of the house and as legal owner holds the other 50% in trust for Mrs A.

So while Bohs are the legal owners of the disputed land (their name is on the title deeds), today's decision granted Albion the beneficial ownership over the parts of the land which the two sides had entered negotiations regarding. Bohs now, as legal owners, hold that land in trust for the beneficial owners, Albion.

Is this the Finn Harps fan and his missus we're talking about there?

[charliesboots]

Is this the Finn Harps fan and his missus we're talking about there?

touché

[bohs til i die]

So while Mr A is the legal owner, Mrs A has a 50% beneficial interest in the house.

Is this the Finn Harps fan and his missus we're talking about there?

No, its Cuffe and Conway's secret identities on a witness protection programme

[Aaron]

You'd swear you were spending millions less than them

I'd be very confident we are spending less than them.

Let's say that selling Pat McCourt possibly saved the club. Massive enough for you?

And I disagree that E30k is a "relatively minor sum" in Irish football. It's 5% or so of our budget we're missing, for a start.

You know this for sure? How about some hard concrete facts to back up this statement

What a truly revolting spectacle.

An eL club loses a critical case against a property developer and the verdict is greeted with unbridled joy and the usual half-baked, ill-informed gloating from the boards' rabble of self-appointed football finance gurus. Ugly.

If anyone thinks this is good for the league, then you are as misguided as the people who put Bohemian FC in this position.

Agreed

€30k is not a "massive" sum of money in Irish football. Your acknowledgement that it is only 5% - not a "massive" percentage - of the budget for the club in the premier league with the smallest revenues shows that it isn't a "massive" sum.

Sales of 180 of City's 'Dream Draw' tickets would cover the €30k you keep harping on about. And we've got individual sellers who've sold more than that many draw tickets single-handedly.

The fact that you think €30k it is such a "massive" sum in Irish football says more about UCD than it does about the game here.

Indeed, UCD dont get many fans through the gates, so they can hardly have as big a budget than ours. When you consider our club has dream draws, development committees, decent crowds in the gates then we can afford to have higher budgets than the likes of UCD. Also how do you know if its a straightforward deal, as in how the money is paid. Are you so sure that there isnt an agreement on paying installments?

Fair enough; if it's such a trivial sum, I'm sure you can pay it over?

The deal you got for McCourt (400k all in?) was needed to keep the banks at bay, and there's money owed to other clubs (Dungannon mentioned for one), so the money owed to UCD isn't the full extent of your problems. I'd suggest you go off and ask questions about Derry's financial situation before commenting again. And there's not many deals between eL clubs that have exceeded E30k either.

Well as you have alot to say on it and "seem to know alot on our financial siruation" then maybe you can shed light on what our predicament actually is?

[hoops1]

What a truly revolting spectacle.

An eL club loses a critical case against a property developer and the verdict is greeted with unbridled joy and the usual half-baked, ill-informed gloating from the boards' rabble of self-appointed football finance gurus. Ugly

If anyone thinks this is good for the league, then you are as misguided as the people who put Bohemian FC in this position.

But alot happier.

[Schumi]

There can be two types of owners of land. Legal owners and beneficial owners (or equitable owners).

Take for example a couple who bought a house 30 years ago. Only Mr A's name is on the title deeds but both Mr and Mrs A payed off the mortgage equally over the thirty years.

So while Mr A is the legal owner, Mrs A has a 50% beneficial interest in the house.

Mr A is therefore is the legal owner of the entire house but only has a beneficial interest in 50% of the house and as legal owner holds the other 50% in trust for Mrs A.

So in this example if the house were to be sold, Mr and Mrs A would each receive 50% of the money? Is there any difference between being a beneficial owner and a legal owner then?

[NeilMcD]

This is just a guess but but I am guessing that the beneficial owner cannot sell without permission from the legal owner. But possibley the legal owner can sell and give 50% (in this case) to the beneficial owner. I could be wrong there thats just a guess.

[sonofstan]

This is just a guess but but I am guessing that the beneficial owner cannot sell without permission from the legal owner. But possibley the legal owner can sell and give 50% (in this case) to the beneficial owner. I could be wrong there thats just a guess.

Don't think so; certainly in the 'Mr. and Mrs. A' scenario, the beneficial owner has to consent to the sale.

[charliesboots]

Don't think so; certainly in the 'Mr. and Mrs. A' scenario, the beneficial owner has to consent to the sale.

That would be only cos of the Family Home Protection Act though!!

Albion will be entitled to use the land for whatever they want and the land will probably be conveyed properly to them, (stamp duty and that lark) in due course where they'll be the legal and beneficial owner.....providing Bohs don't appeal.

[mypost]

iirc - it's somewhere in North Wicklow

That's called Bray Wanderers.

[stojkovic]

That'd be the least of their worries if they have to pay back the €1m for all the other years.

I thought those payments were for consideration only and NOT subject to planning permission ?

[Candystripe]

Fair enough; if it's such a trivial sum, I'm sure you can pay it over?

The deal you got for McCourt (400k all in?) was needed to keep the banks at bay, and there's money owed to other clubs (Dungannon mentioned for one), so the money owed to UCD isn't the full extent of your problems. I'd suggest you go off and ask questions about Derry's financial situation before commenting again. And there's not many deals between eL clubs that have exceeded E30k either.

As a Derry city share holder who has seen the financial figures, why are you talking BS?

You know that the €30k is including Sammons sell on clause and do you know when we will be receiving that from Kilmarnock?

So the 400k saved us???????????????? So far we have only recieved £100k, this is know as normal between football clubs.

So someone who lives in Dublin and not a Derry fan knows the in's and out's of another clubs finances!!!!

As for our budget this season which is a lot smaller than last year when Fenlon came to destroy us is still under 24k a week which is less than half Corks,Pats, Drogs and Bohs budgets up until recently.

[OneRedArmy]

Pineapple Stu can you attribute your post as the rules require?

[Mr A]

Right, so how much do I get from this? Now that it's mentioned I do have a vague recollection of buying part of Dalymount one night while a bit ****ed.

[HarpoJoyce]

Pineapple Stu can you attribute your post as the rules require?

He doesn't follow any rules. He's a Maverick.
(I think this is why he refers to football clubs with the agricultural 'tits up'.)


I understand that posters are trying to explain some legal issues and fair play. But comparing these proceedings with the domestic home confuses things as the Family Home Protection Act 1976 protects both spouses (gender specific warning: usually the wife.) from having the home sold without their permission... and even then.
http://www.irishstatutebook.ie/1976/...027/index.html
Consent of spouse
http://www.irishstatutebook.ie/1976/...l#zza27y1976s4


(I don't want to get into any detailed discussion on this only I just had a Judge Judy moment.)

[DmanDmythDledge]

Well as you have alot to say on it and "seem to know alot on our financial siruation" then maybe you can shed light on what our predicament actually is?

Just heard from the man himself (guess who) that the cheque from Derry arrived during the week. *******s wouldn't pay until John Delaney intervened. Tight arsed scumbags.

[OneRedArmy]

Just heard from the man himself (guess who) that the cheque from Derry arrived during the week. *******s wouldn't pay until John Delaney intervened. Tight arsed scumbags.

What are you going to whinge about now?

[dcfcsteve]

Just heard from the man himself (guess who) that the cheque from Derry arrived during the week. *******s wouldn't pay until John Delaney intervened. Tight arsed scumbags.

But hang on - Pineapple Stu says you're still owed the money, and that we're in financial sh!t and can't afford to pay it !

Surely someone with his in-depth knowledge of other club's finances would know his own club's finances even more intimately, and have heard the minute the cheque landed at UCD...!?!

Don't tell me Pineapple Stu's got this all wrong....?

[pineapple stu]

Nope, Delaney hassled and hassled Derry, and the cheque has finally arrived. No contradictions; I wasn't aware of the latest development until this evening. I've never claimed to be up to the minute; that's your claim. The cheque is still six months late though.

You can believe me or not about Derry, I don't care. But I've requested previous Derry fans who've challenged me on it to go off and look into the club's accounts before posting further, and none have. My source is the UCD club officials, who were told this during the previously mentioned heated meeting with Derry officials after the UCD-Derry game in August. MariborKev has posted on the Rovers forum that Derry will be having serious cut backs next year, despite what deluded Derry fans think; I think that's fairly good back up. I think you'll find my previous record in such matters to be quite good too.

[SwanVsDalton]

Nope, Delaney hassled and hassled Derry, and the cheque has finally arrived. No contradictions; I wasn't aware of the latest development until this evening. I've never claimed to be up to the minute; that's your claim. The cheque is still six months late though.

You can believe me or not about Derry, I don't care. But I've requested previous Derry fans who've challenged me on it to go off and look into the club's accounts before posting further, and none have. My source is the UCD club officials, who were told this during the previously mentioned heated meeting with Derry officials after the UCD-Derry game in August. MariborKev has posted on the Rovers forum that Derry will be having serious cut backs next year, despite what deluded Derry fans think; I think that's fairly good back up. I think you'll find my previous record in such matters to be quite good too.

It's common knowledge that Derry will be looking to make cut-backs next year - and I think it's fair to say most fans have accepted it.

But even if Derry are on a dangerous slope (like everyone else except the students and maybe a couple of others) we're still some way away from the trouble Bohs are in.