land ownership for a charity

Question

we have a parish charity that owns the village hall council are sole trustees
the land is not registered  and a new lease to be created for a pepercorn rent
the land regsitry application shows applicant as  the council but does not as i would expect say acting as trustees for the charity
i would have thought land was owned by the charity as stated by the charity commission  and yet i have seen an email from the last clerk saying that the council own the property   so i feel we need to make it very clear council are acting as trustees  and ownership belongs with the charity

Answer 1

Not quite clear in who is offering the peppercorn rent lease and to whom? Simple question answered by PC "show proof of ownership".Could be that the land and the building are in PC ownership and the charity leases from the PC in which the trusteeship is basically irrelevant as it is a charity commission requirement.

Comments

the parish charity own the property
parish council are trustees
but the land registry submission made last months states land lord owner parish council i believe it should say parish council acting as trustees for the charity to make ownershio clear

Answer 2

Yes, it's important that the Council's role is explicit in the registration, otherwise it will be lost in the mists of time. I presume that the charity can confirm beyond all doubt that it owns the land.

Comments

yes the charity does own it  my concern is to ensure that all documents are clear in theis point 40years from now we will all be dead  so clarity would be good i feel

Answer 3

Hi

The land is owned by the charity, the council just hold it in trust. .  The Acre Norfolk Guidance on trusteeship is good.  Plus, the NALC Guidance (NALC 28 Basic Charity Law) notes that some councils, thinking they own the land have mis used it or sold it.