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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, Near to where I live, a school was built some years

Resolved Question:

Hi,

Near to where I live, a school was built some years ago on land defined as Metropolitan Open Land.
To gain access to this land, the local authority purchased a parcel of land from the farmer who owned adjacent land.
The local authority is now seeking to sell the land for a residential development.

The purchase of the access land parcel was registered with HM Land Registry in a Transfer document (dated 29 June 1979) that includes the following wording:

“IN CONSIDERATION of the sum of …. XYZ, as the Beneficial Owner(s) HEREBY TRANSFER to LOCAL AUTHORITY (who are acquiring for the purposes of the Education Act 1944 for permanent objects of the Transferees not involving a resale or other disposition) the land show and edged red on the plan ….”

My questions:
1. Can you explain what is meant by the statement “for permanent objects of the Transferees not involving a resale or other disposition”?
2. Do “permanent objects of the Transferees” allow use for non-education purposes?

Kind regards
David
Submitted: 3 years ago.
Category: Property Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.


I am happy to wait.

Expert:  Nicola-mod replied 3 years ago.

Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Customer: replied 3 years ago.


Hi


Any luck yet in finding an expert?


Rgds


David

Expert:  Nicola-mod replied 3 years ago.
Hello,

I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Nicola
Customer: replied 3 years ago.


Hi,


 


Yes please continue to look for someone.


 


Kind regards


David

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Ash replied 3 years ago.
Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

I see you are still waiting. Haven't we spoke about this before?

Customer: replied 3 years ago.

Hi Alex,


 


Yes we have spoken about this before – but there were some other things that came to mind afterwards.


 


I realised that I did not understand what was meant by “permanent objects of the Transferees” and whether this was uses in addition to educational use by the Transferee.


 


Can you clarify?


 


Kind regards


David


 


 

Expert:  Ash replied 3 years ago.
HEREBY TRANSFER to LOCAL AUTHORITY (who are acquiring for the purposes of the Education Act 1944 for permanent objects of the Transferees not involving a resale or other disposition)

permanent objects of the Transferees - this means it is used for education purposes in ADDITION to the objectives of the Council.

Therefore there are the objectives of the Council (whatever they are) plus the building can only be used for Educational purposes as per the Education Act.

Does that help?

Alex

Customer: replied 3 years ago.

 


Hi Alex,


 


When you say “it is used for education purposes in ADDITION to the objectives of the Council” is this saying that the Council can use if for EITHER educational purposes OR any other Council use?


 


Kind regards


David

Expert:  Ash replied 3 years ago.
In addition to. They can be used for educational purposes, even if just administration. They can not be used for non educational use on my reading.

Alex

Customer: replied 3 years ago.

 


Hi Alex,


 


So if the Council use (say) 80% of the building for education administration and 20% for other office activities not related to education, are they in breach of this condition?


Or is this 20% OK, as the main use is still educational?


 


Kind regards


David

Expert:  Ash replied 3 years ago.
I can't say, that is a matter of interpretation and it would be down to the person who granted the covenant to raise an objection.

Alex

Customer: replied 3 years ago.

 


Hi Alex,


 


You mentioned previously that I could bring an injunction based on my ‘locus’ if the Council tried to sell the land or allow a third party to use it for non-educational purposes.


Since the Council have continuously used the building for primarily educational purposes, is this still an action available to me?


 


Kind regards


David

Expert:  Ash replied 3 years ago.
Potentially yes David.

Alex

Customer: replied 3 years ago.

 


Thank you Alex


 


I appreciate that this is getting into the realms of uncertainty.


 


I guess I need to try to obtain an injunction.


If successful, this will at least put an obstacle in the way of the Council selling the land to developers, and hopefully make the Planning Committee think seriously about granting permission for a residential development on Metropolitan Open Land.


 


If you have any suggestions as to what I should / should not present – then this would be appreciated.


 


If not, thank you again for discussing this subject with me.


 


Kind regards


David

Expert:  Ash replied 3 years ago.
Obviously this is quite a gray area. You effectively need to show that they have breached the terms and that is why you are seeking the injunction. It is not for the purpose it was designed for and indeed they should not for any other purpose.

Alex

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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