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Education Act 1870, 1873

Re: Education Act 1870, 1873

Postby bloke99 » Wed Jan 18, 2017 11:20 am

A council can constitute trustees and accept land upon trust, concerning land already subject to being held upon trust before a conveyance. This does not require a power of a council to declare a trust over it's corporate property. This power to accept land already on trust, upon trust existed before Hampshire County Council v H.M. Attorney General, in conveyances pursuant to s.13 EEA 1873.

Never-the-less, If land already on trust, is accepted upon trust in a conveyance, can one say the council is making a declaration of trust? Even though this conveyance is pursuant to s.13? If so, that would mean you would talk of a council needing to make a declaration of trust in every circumstance. Even where s.13 is being relied upon, which, I repeat concerns conveyances where land is already on trust.

Basically I'm asking, is a declaration of trust , as a term, a phrase, only associated with land conveyed which was not previously on held on trust prior to conveyance? Or in other words, is it a term to be used specifically where, prior to conveyance, there was no trust? Pursuant to EEA 1870, 1873. I'm confused you see whether the term "declaration of trust" has a very specif meaning. And is not to be used where land conveyed is already held on trust.
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Re: Education Act 1870, 1873

Postby bloke99 » Wed Jan 18, 2017 11:26 am

dls wrote:I would only say that that case (so far as I can find it - [1994] NPC 62 ) needs to be read with care. I am not yet convinced that a general principle was established, and the two cases at issue may have been particular to the facts of those cases.


Yep. That is a potential problem for us. It will probably need a court case to solve the issues in our case. Because the facts in our case are not precisely the same as in the Hampshire case.
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Re: Education Act 1870, 1873

Postby dls » Wed Jan 18, 2017 1:56 pm

Each ownership is separate. Land can be held on trust, and sold to a buyer who does not hold it on trust, and then sold again to people who hold it n trust. There is no difficulty with such things.

Before the 1925 legislation, English property was bedevilled by great complexity as to trusts. The 1925 Act transferred the trusts from the land itself to the trustees. It simplified matters by removing
A trust exists for particular purposes. The land itself is not the trust, but the legal title holders are subject to it, and the land is one of the trust assets.
The situation is particularly complicated by differences between registered charity controls and trusts which are in fact charitable, and also by the variety of Education statutes in the 19th century.

A declaration of trust is a creation of a trust. Assets of different natures may be held by that trust. The trust is not the asset, even though as will often be the case, the asset is the sole asset within the trust. It is better to see it as land held within a trust.
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