Property Lawyers and Conveyancing Solicitors in Manchester for Charities
Please note: Not to be used or relied upon without legal advice. These notes are for illustrative purposes ONLY
. . . continued from page 13
Solicitors for Charities
Earlier forms of Property register entries:
Exempt charities not subject to the UCEAs:
(University and College Estates Acts 1925 and 1964)
Where an exempt charity not subject to the University and College Estates Acts 1925 and 1964 was registered as proprietor before 1 January 199, there may not be any restriction in the Property register. However where such a charity was registered between 1 January 1993 and 31 December 1996 there will generally be the following restriction in the Property register:
'Except under an order of the registrar no disposition or dealing by the proprietor of the Property is to be registered unless it is authorised by the trusts of the charity or by some Act or other authority'
Many Property Lawyers and Conveyancing Solicitors now disregard this restriction.
Exempt Charities subject to the UCEAs:
(University and College Estates Acts 1925 and 1964)
Various restrictions have been entered in the past against certain universities and colleges, that have in common a reference to the University and College Estates Act 1925. Any such restriction will be treated by Property Lawyers and Conveyancing Solicitors as if it were in the following form:
'No disposition by the proprietor of the registered estate is to be registered unless it contains a statement either (a) that it is authorised by the Universities and College Estates Acts 1925 and 1964 or (b) that it is authorised by some other Act or authority specified in the statement'
This does not, however, apply to Winchester and Eton colleges, which are subject to greater restrictions.
Collective Property registration:
Sometimes charity trustees will have been registered as proprietors collectively in the following style.
'Proprietor: The trustees of the charity known as the Oxbridge Ancient Forest Trust'
This practice is no longer followed by Property Lawyers and Conveyancing Solicitors and the Property will be registered in the names of the trustees, unless they are incorporated under Part VII of the Charities Act 1993. Property Lawyers and Conveyancing Solicitors acting for a purchaser who intends taking a disposition from an unincorporated body of charity trustees that has been entered in the Property register collectively should obtain evidence of the identity of the current trustees and the disposition should be executed in accordance with the appropriate attestation clause. In such a case the Land Registry will normally accept a certificate by the Property Lawyers and Conveyancing Solicitors or secretary of the charity as to the identity of the present trustees. Where the trustees will remain in the Property register, the Land Registry will normally cancel the existing proprietorship registration and substitute the names of the individual trustees or, if they are a body corporate, the name of the body corporate.
Incorporation of trustees:
The provisions of the Charitable Trustees Incorporation Act 1872 (as amended by the Charities Act 1992) have been consolidated in Part VII of the Charities Act 1993. By virtue of section 17(2)(b), Interpretation Act 1978, charities incorporated under the 1872 Act are now treated as being incorporated under Part VII of the Charities Act 1993.
Incumbent registered as proprietor:
Before the introduction of the Land Registration Act 2002, when the incumbent of a benefice was registered as proprietor an inhibition was entered in the Property register. Under the new Act it is no longer possible to enter an inhibition and a restriction in form D is entered instead. If an inhibition is registered, on any disposition by the incumbent it should be treated by Property Lawyers and Conveyancing Solicitors as though it was a restriction in form D. The inhibition was worded as follows:-
'INHIBITION: No disposition of the Property shall be registered except on production of a certificate from the Church Commission in accordance with section 99 of the Land Registration Act 1925'.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
If you require any further information please telephone 0161 866 8999 and we will be happy to help.
Ford Banks Irwin Solicitors
50 Stothard Road
Manchester
M32 9HB
Tel: 0161 866 8999
Fax: 0161 866 8333
E-mail: info@FordBanksIrwinSolicitors.co.uk
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Manchester
M2 4PD
Tel: 0161 866 8574
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