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chatham-chamber
chatham-chamber, Advocate
Category: Law
Satisfied Customers: 13403
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Nicola, If you could find a professional that can advise on

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Hi Nicola,If you could find a professional that can advise on our situation, it would be greatly appreciate.This matter is quite important to use and we don't have any where to turn for honest advice.
The document (contract) in my mind is quite straight forward. It has a 5 year time clause which has not be acted with in 19 years. We are just trying to find out our legal standing.
1/ If the document has holding on the village hall after so many years.
2/ If there could be any legal repercussions on the Village hall for any cost.
3/ Can we just forget the contract from our view and just draw a line under the subject.
4/ If we are still contractually obliged to hand over the land to the Royal Legion, can we add a covenant to protect the land from build another social hall that could lead to the direct competition to the Village hall that is charity run.Kind regards,
Adam

Hi Adam,

Thank you for your query.

I am a Solicitor-Advocate and will be assisting you with your question.

Kindly explain the situation further? If it helps, I can offer a telephone call, however, this attracts an additional charge.

Customer: replied 14 days ago.
Hi Inc, I can try explaining the situation as much as I understand myself.
I have only been a trustee of the village hall for 18 months or so.
The village hall is run as a charity for the community of Wix (near Harwich in Essex). Back in 2000 there was an agreement to transfer some land (at the time for parking) from the Wix village hall Trustees to the Legion Trustees (section 7.5, Page 6).
From what I can understand this was carried out a long time ago by the Village hall, but the Legion didn't complete the process, thus it never happened. Now after 19 years they are after the land. They are saying we have a legal obligation to transfer the land, even though the agreement has a 5 year window (section 13, page 7)
Customer: replied 14 days ago.
are you based in UK?
Customer: replied 14 days ago.
I assume you have a copy of the agreement we sent?

Hi Adam,

No copy of the agreement has been attached to the thread. Kindly provide this.

Customer: replied 13 days ago.
Hi there,
Please find attached a scanned copy of the agreement regarding the land transfer that was signed bask in 2000 (19 years ago) with a 5 year term.

Kind regards,
Adam.

Hi Adam,

The agreement you have provided, is only enforceable by the parties to the agreement, not anyone else.

What exactly is your question in relation to this?

Customer: replied 12 days ago.
The main questions of concern are:-

Is the document still legal after so many years of not being fully acted on, as in are we still obligated transfer the land to The Royal Legion?

Can The royal Legion peruse the Wix Village charity or its Trustees for legal cost they have incurred in trying to gain the ownership of the land?

Can we just call an end to the claim for land by The Royal Legion once and for all, saying the contract is no longer valid, if so are you able to write a legal letter to their solicitors stating/explaining this?
I understand there may be an additional charge for a letter.

Kind regards,
Adam

Hi Adam,

On the face of it, the agreement would still be valid. Whether it is enforceable, is another matter and onle only a court can decide on.

The Just Answer site is a question and answer site and we can only provide online e guidance.

As I have answered your original question, kindly rate the answer and provide feedback.

Your question will not close and I will be happy to answer any follow up questions.

Many thanks

chatham-chamber and 4 other Law Specialists are ready to help you
Customer: replied 12 days ago.
Hi again, I’m still trying to see how we stand with this.
Does the 5 year term from 2000 have any relevance, did the agreement not just end in 2005, how can it still be valid?

Kind regards,
Adam.

Hi Adam,

Can you direct me to the 5 year term

Customer: replied 12 days ago.
I don’t have it front of me the moment, but from question/information sent on the 6 Nov, it’s page 7 section 13 under Duration

Ok. I will check and revert back to you

Customer: replied 8 days ago.
Hi there,

Have you had an opportunity to look at the agreement, page 7 again, any news?

Kind regards,
Adam.

Hi Adam,

Yes, you are correct. The agreement will only subsist for a period of five years from the date of the agreement. Thereafter, the parties are released from their obligations.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

Many thanks