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Cost and proceedings in cases involving land registry

Cost and proceedings in cases involving land registry

Postby bloke99 » Wed Feb 01, 2017 11:21 am

Hi. We have a dispute over land that is considered (by Charity Commission no less) as held on a charitable trust. We are thinking of bringing things to a head, that is get a determination of the existence of a trust or not.

We are thinking of making an application to land registry to either enter a restriction (as to disposal) or an application to change the register, as the means of bringing things to a head.

If and when an application is sent, the opposition are bound to object and I'm 100% sure we will not be able to agree. Therefore the tribunal of the land registry will come in and seek to dispose of the objection, which it is legally obliged to do, whether favorably on our part or not. It is very likely I think that the opposition will seek to get the determination as to a trust from a court rather than the tribunal. After the court case, then the tribunal would deal with the application.

This case involves land designated as charitable land in the opinion of the Charity Commission. If the opponents decide to send the case to court:

* Will the Attorney General take up the case on behalf of those claiming land is held on a charitable trust?

* Assuming you would use a solicitor, can anyone please indicate how much costs could be?

It could be, I imagine, quite an involved case at court. Thanks.
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Re: Cost and proceedings in cases involving land registry

Postby atticus » Wed Feb 01, 2017 11:28 am

You should ask a specialist solicitor. If the case is "involved" then so will be the costs of dealing with all that the case involves, and also the costs you risk being ordered to pay if your case is unsuccessful. Expect to be quoted a 5 figure sum (plus VAT).
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Re: Cost and proceedings in cases involving land registry

Postby bloke99 » Wed Feb 01, 2017 12:28 pm

Correct me if I'm wrong, but I presume that the most important thing we can do in the case is get a solicitor that will do us proud.

This of necessity would mean a specialist solicitor, and on that score surely one who works with charitable trusts.

I suppose then I should be simply seeking to identify a solicitor working with charitable trust law. I'm not sure if there is anything else I should be looking for.

Is it important that the solicitor has offices in one's home town or nearby? Or is that somewhat irrelevant? Thanks.
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Re: Cost and proceedings in cases involving land registry

Postby atticus » Wed Feb 01, 2017 12:35 pm

I would say that you need a solicitor with expertise in property litigation and charities.

You may need to go to one of the larger cities.
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Re: Cost and proceedings in cases involving land registry

Postby theycantdothat » Wed Feb 01, 2017 2:33 pm

Deciding whether land is held on a charitable surely comes within the remit of the Charity Commission, who have already decided the issue. I do not think that such a question can be decided by the Land Registry. You can of course ask them.
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Re: Cost and proceedings in cases involving land registry

Postby dls » Wed Feb 01, 2017 7:56 pm

The land registry have no way of deciding teh trusts on which land is held. Indeed if you look at teh history of registered land law, it is designed exactly to avoid involvement in such issues.

The Trusts of Land and Appointment of Trustees act is intended to provide a procedure for identifying such trusts and for making supporting orders.

As tcdt says the Charity Commission view needs to be given very serious weight. If you haven't identified a very clear mistake in their logic, be very very careful. If you have then try them with it first.
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