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.