Property Lawyers and Conveyancing Solicitors in Manchester at Ford Banks Irwin Solicitors for Charities
Please note: Not to be used or relied upon without legal advice. These notes are for illustrative purposes ONLY
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Solicitors for Charities
The Execution of Deeds in the name of the Official Custodian:
Charity trustees have full power to execute any deed in relation toany transaction where the Official Custodian is the registered proprietor of any Property. The exception is where the Property has been vested in the Official Custodian under section 18 Charities Act 1993 and a restriction in form F is entered in the Property Title Deeds.
The Official Custodian will no longer execute deeds personally. All the charity trustees should execute the deed and the Land Registry will assume that they have done so unless there is any evidence to the contrary. Property Lawyers and Conveyancing Solicitors will need to draft the attestation clause accordingly. Alternatively, it is open to charity trustees to use section 82 Charities Act 1993. Likewise, where the charity trustees have been incorporated under Part VII of the Charities Act 193, the procedure available under section 60 may be used.
Execution by other bodies corporate:
Where a charity is a body corporate (incorporated under the Companies Act or otherwise) Property Lawyers and Conveyancing Solicitors should draft the attestation clause using the wording appropriate to a company, adapted if necessary to the requirements of the general law and of its constitution if any.
Execution by interim managers appointed under sections 18 and 19 Charities Act 1993:
An interim manager appointed by the Charity Commission under section 18 and 19 Charities Act can deal with Property only to the extent permitted by the order of the Charity Commission by which he was appointed. A certified copy of that order must, therefore, be produced by the Property Lawyers and Conveyancing Solicitors with any application to register a dealing by the interim manager.
Church of England Property:
This section gives a summary of the circumstances under which Property may be held for ecclesiastical purposes, but it does not attempt to cover in detail all aspects of transactions involving church Property. It sets out the situations where the restrictions on disposition contained in sections 36 and 37 Charities Act and the restrictions on mortgaging contained in sections 38 and 39 of that Act apply to Property held by the Church of England.
Cathedrals, Churches and Churchyards and parsonage houses:
Property that is corporated Property of an ecclesiastical corporation, whether sole or aggregate, that is established for spiritual purposes is not generally Property held by a charity to which the Charities Act 1993 applies. Therefore, the restrictions on disposition and mortgaging contained in sections 36 to 39 of that Act do not normally apply to such Property.
Property in this category includes Property held by:
- the dean and chapter of a cathedral (or the cathedral chapter of a parish church cathedral) in respect of the corporate property of the cathedral, other than any property held for purposes which are not ecclesiastical
- the incumbent of a benefice in respect of the parsonage house and grounds and the church and churchyard vested in him orher
- the bishop of the diocese selling parsonaage Property during a vacancy in the benefice.
Therefore, when registering one of the above bodies as proprietor of Property a restriction in form E will not be entered in the Property Title Deeds. However, dispositions by the above bodies are subject to the requirements of ecclesiastical law and normally require the consent of the Church Commissioners. In view of this, an application by Property Lawyers and Conveyancing Solicitors to register one of them as proprietor should be accompanied by an application, on form RX1, to enter a restriction in form D where appropriate. Schedule 4 Land Registration Rules 2003 gives the wording of form D which is as follows:
'No disposition of the registered estate is to be registered unless made in accordance with [the Parsonages Measure 1938 (in the case of parsonage land) or the New Parishes Measure 1943 (in the case of church or churchyard land)] or some other Measure or authority'.
In addition, any application to register a transfer to the Church Commissioners that has the effect of vesting Property in an incumbent or other ecclesiastical corporation sole by Property Lawyers and Conveyancing Solicitors should be accompanied by the relevant certificate in form 4, in accordance with rule 174 Land Registration Rules 2003.
Property Lawyers and Conveyancing Solicitors should note, however, that where the ex officio trustee of charitable trust happens to be an ecclesiastical corporation (such as an incumbent, archdeacon or bishop), the trust Property is not the corporate Property of the corporation and will be subject to the Charities Act 1993.
Consecrated chapels, etc:
The expression 'charity' in the Charities Act 1993 does not apply to any trust of Property for the purposes for which it has been consecrated. In other words, consecration does not bring Property within the scope of the Charities Act 1993.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
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Ford Banks Irwin Solicitors
50 Stothard Road
Manchester
M32 9HB
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