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Restriction on Land Registry document

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Restriction on Land Registry document

Postby shootist » Thu Mar 10, 2016 1:05 pm

On the registry of a piece of land there is the following restriction.

Except under an order of the registrar no disposition by the proprietors of the land is to be registered unless authorised by the rules of the time being of the Throgmorton Treacle Bending and Pie Eating Club as evidenced by a certificate signed by the secretary of the committee or the solicitor thereof.

The problem is that the club ceased to exist over a decade ago and so cannot have a secretary and in turn no secretary's solicitor. As I read the above it would seem that there is a facility for the registrar to make an order on the disposition of the land should he choose to do so in spite of the lack of any such certificate. Any clues (or straight forward opinions even) on how this might be resolved would be most welcome.
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Re: Restriction on Land Registry document

Postby atticus » Thu Mar 10, 2016 1:13 pm

You need to obtain an order of the Registrar. A complete and persuasive case needs to be made out. This may need to deal with the question of any successor to the business or assets of the club. The reasons for the original restriction may need to be gone into.

In fact it occurs to me that the interest of the club may be an asset that is now bona vacantia and therefore vested in the Crown, and therefore that the Crown (through the Treasury Solicitor) may need to be involved.

This is not going to be straightforward.
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Re: Restriction on Land Registry document

Postby shootist » Thu Mar 10, 2016 1:23 pm

It may be relevant that the club never owned the land but merely operated upon it. The ownership of the land was, and still is, shared among several individuals and managed by a small group of trustees.
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Re: Restriction on Land Registry document

Postby dls » Thu Mar 10, 2016 2:32 pm

The problem is that the club ceased to exist over a decade ago


. . can mean one of several things.

The ownership of the land was, and still is, shared among several individuals and managed by a small group of trustees.


then what matters it that the club ceased to exist?

Start with the exact title and work back.
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Re: Restriction on Land Registry document

Postby shootist » Thu Mar 10, 2016 5:22 pm

The club ceased to exist by virtue of it's own rules, i.e. that subscriptions not being paid within the required time would result in loss of membership. This time limit was a couple of months after annual fees were due and more than a decade has passed since the last fees were paid, or that there was any mechanism in place to pay them. No meetings have taken place for the same period, nobody has paid their fees in time. Also, that club handed over it's distinct function to another club in entirety.

The exact title, assuming that means the Land Registry document, has ownership vested in the name of trustees, four in all. The trust document mentions nothing about the original club rules, and indeed seems to oblige the trustees to facilitate any transfer of interest in the land at the request of the holder of that interest. It seemed to me to matter that the club has ceased to exist because of it's mention in the Land Registry document under the restriction. I had presumed that if a sale were attempted then the registrar would notice this restriction and would want to know if it had been complied with by virtue of the required certificate having been provided.
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Re: Restriction on Land Registry document

Postby atticus » Thu Mar 10, 2016 5:34 pm

That last statement is correct. It is where we began. The restriction affects the ability to transfer ownership of the land. Can the trustees pay subs and resurrect the club? There must surely be demand in Throgmorton for Pie Bending and Treacle Eating.
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Re: Restriction on Land Registry document

Postby shootist » Thu Mar 10, 2016 6:54 pm

atticus wrote:That last statement is correct. It is where we began. The restriction affects the ability to transfer ownership of the land. Can the trustees pay subs and resurrect the club? There must surely be demand in Throgmorton for Pie Bending and Treacle Eating.


If the club was to be resurrected the question might arise, would it be the same club, or a different club that just has the same name? With most clubs, I believe, if your membership lapses due to non payment of fees then you are stuck with joining again with all the conditions that entails. That still raises the question that where a club has ceased to exist, is any attempt to resurrect it just forming a new club that is using the old name? In turn, if the new club uses the old name is that good enough to overcome the restriction?
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Re: Restriction on Land Registry document

Postby dls » Thu Mar 10, 2016 8:23 pm

Who are named as proprietors?
Are they still around to sign.
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Re: Restriction on Land Registry document

Postby shootist » Thu Mar 10, 2016 9:30 pm

I'm perhaps being a little dense here. I'm not sure that the club had anyone that might be called a proprietor. Just the usual loose gathering of like minded individuals running the club on behalf of the members. The trustees who are also the named individuals on the Land Registry document are still around.
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Re: Restriction on Land Registry document

Postby theycantdothat » Fri Mar 11, 2016 12:25 pm

The terms of the restriction suggest that the property is held by trustees on behalf of the club. What does the trust deed say?
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