Legal Guidance

Disposing of your property

Disposing of your property

Property varies very widely with regard to how easy it is to dispose of to another party.  It is not common for a property to have restrictions that actually legally prevent the disposal.

  • There are common “conveyancing” procedures that lawyers generally apply to sales of freehold property and can apply to grants of and transfers (assignment) of leases. [Sale and purchase procedure]
  • An exception to this can be where there is a charitable trust that prevents the disposal of the property other than to new trustees.  This can arise for example with heritage property that is effectively held on trust for charitable objectives that include continued ownership of that particular property.  [Special trusts and permanent endowment]
  • There may be other constitutional or charity law procedures that you may have to deal with because of the way that property is held. [Constitutional organisational requirements]
    There are additional statutory procedures where a charity’s constitution requires land to be held for particular purposes or for the general purposes of the charity, which apply even if the property can in principle be disposed of. [Charities Act procedures property held for special purposes]
  • There are also specific procedures which apply to registered and excepted charities requiring valuation before sale of the property. [Charities Act general valuation procedure]
  • Other charities and organisations would however be well advised to take valuation advice before selling property and consider issues that are included in the compulsory procedure, such as whether the property should be fully marketed and whether it has development value.  Their charity trustees or directors will have the general legal obligation to act in a prudent and businesslike manner in the interests of the organisation. [Constitutional and organisational requirements]
  • There are also some very common land registry title issues and planning issues that affect property and can either affect the value of the property or the kind of people who would be prepared to buy it.  Some of these issues can be dealt with by negotiation or  an application for planning permission. [Title problems]
  • It may also be sensible to discuss with the local planning authority whether they would be happy to change the permitted use of the property where it is likely that the property would attract a higher price than for its current use. [Town and County Planning]

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