The 1841 Act was intended to encourage land owners to make land available for educational purposes: ‘One can see that the provision with regard to reverter would have been and no doubt was considered by the Legislature to be a very useful encouragement to charitably minded persons, particularly if they were the owners of an … Continue reading In Re Cawston’s Conveyance and the School Sites Act 1841: CA 1940
The National Society raised large sums by subscription and made grants in favour of schools in which children were to be instructed (in addition to reading, writing and arithmetic) in holy scripture and in the liturgy and catechism of the established church. Former owners of land conveyed under the 1841 Act had only the remedy … Continue reading National Society v School Board of London: 1874
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If land has been donated under the 1841 Act, and the school later moves to a new site, can the original site be sold to help pay for the costs of the new school? Judges: Lord Lloyd-Jones, Lady Arden, Lord Sales, Lord Burrows, Lord Stephens Citations: [2021] UKSC 13 Links: Bailii, Bailii Press Summary, Bailii … Continue reading Rittson-Thomas and Others v Oxfordshire County Council: SC 23 Apr 2021
Judges: Patten, Hamblen, Nicola Davies LJJ Citations: [2019] EWCA Civ 200, [2019] WLR(D) 110, [2019] 2 WLR 1397, [2019] Ch 435 Links: Bailii, WLRD Statutes: Reverter of Sites Act 1987 1, School Sites Act 1841 2 Jurisdiction: England and Wales Citing: Appeal from – Rittson-Thomas and Others v Oxfordshire County Council ChD 9-Mar-2018 . . … Continue reading Rittson-Thomas and Others v Oxfordshire County Council: CA 21 Feb 2019
Citations: [2018] EWHC 455 (Ch) Links: Bailii Statutes: School Sites Act 1841 Jurisdiction: England and Wales Cited by: Appeal from – Rittson-Thomas and Others v Oxfordshire County Council CA 21-Feb-2019 . .At ChD – Rittson-Thomas and Others v Oxfordshire County Council SC 23-Apr-2021 If land has been donated under the 1841 Act, and the school … Continue reading Rittson-Thomas and Others v Oxfordshire County Council: ChD 9 Mar 2018
The claimants sought to assert that land acquired under the 1841 Act reverted to them on its ceasing to be used for the purposes of a school. Lewison J summarised the evidence: ‘An analysis of the school registers for 1931 to 1947 shows that the children came from a variety of housing stock. Some came … Continue reading Fraser and Another v Canterbury Diocesan Board of Finance and Another: Chd 14 May 2003
Land had been acquired by a deed under the 1841 Act, but had in 1995 ceased to be used as a school ‘for the education of children and adults of the labouring manufacturing and other poorer classes . . And for no other purpose ‘. Under the Act, the land would revert to the claimants … Continue reading Fraser and Another v Canterbury Diocesan Board of Finance and others: HL 27 Oct 2005
Where land had been acquired under the Act on trusts related specifically to the provision of education in accordance with a specified religion, the abandonment by the school of that purpose meant that the land reverted immediately to the original donor. It was clear that the trust established was not merely for educational purposes where … Continue reading Fraser and Another v Canterbury Diocesan Board of Finance: ChD 22 Feb 2000
Dispute as to enitlement to share of increased proceeds of sale of land sold subject to the 1987 Act. Judges: Blackburne J Citations: [2007] EWHC 1590 (Ch) Links: Bailii Statutes: Reverter of Sites Act 1987 1, School Sites Act 1841 2 Jurisdiction: England and Wales Land, Contract Updated: 11 June 2022; Ref: scu.254511
The claimants sought a reversion of land conveyed under the 1841 Act to trustees. The defendants (‘DBF’) as succesors to the trustees argued that by extending the range of pupils in the school, the trustees acquired a title independent of and adverse to the claimants. Held: The DBF succeeded. The judge had found that the … Continue reading Fraser and Fraser v Canterbury Diocesan Board of Finance Integrated Services Programme: CA 28 Jan 2004
Land having been conveyed under the Act, and it no longer being needed as a school, it had to be decided to whom the land reverted. Held: The tracing of beneficiaries had to be in the basis under section 2, that the land had never been so conveyed. It would so have passed not as … Continue reading Rector of Wrington and The Bath and Wells Diocesan Board of Finance v Jenkinson and Others: ChD 26 Feb 2002
School site reverts to original grantors when land is not part of an estate. Citations: Times 12-Nov-1993 Statutes: School Sites Act 1841 2 Jurisdiction: England and Wales Cited by: Disapproved – Fraser and Another v Canterbury Diocesan Board Of Finance (No 1) CA 24-Nov-2000 A grant of land was made under the 1841 Act in … Continue reading Marchant and Others v Onslow: ChD 12 Nov 1993
A grant of land was made under the 1841 Act in 1872 (after the 1870 Act) and the school had in 1874 been transferred to a school board under section 23 of the 1870 Act. The school closed permanently in 1992. The issue was whether reverter had occurred in 1874, with the result that the … Continue reading Fraser and Another v Canterbury Diocesan Board Of Finance (No 1): CA 24 Nov 2000
The court considered the way in which the 1841 Act might operate as to a reversion of the title. Clauson J said: ‘In my view it is plain that the deed is intended to operate and operate only under the [1841] Act, and the effect of dealing with the matter as if the Act had … Continue reading Dennis v Malcolm: 1934
Land in Northholt was granted under the 1841 Act for use as a school. In 1907 the school was closed, another school having been opened by the local authority nearby. Thereafter the building was used only once a week for a Sunday school. The Board of Education contended that there had been no reverter because … Continue reading Attorney General v Shadwell: 1910
The effect of section 2 of the 1841 Act is that if a reverter occurred but the trustees of the school remain in possession for 12 years, the title by reverter will usually become statute-barred. Citations: [1956 ] Ch 585 Statutes: School Sites Act 1841 2 Cited by: Cited – Fraser and Another v Canterbury … Continue reading In re Ingleton Charity: 1956
Alteration and rectification of the register – adverse possession – effect of issuing county court possession proceedings Citations: [2016] EWLandRA 2015 – 0701 Links: Bailii Statutes: School Sites Act 1841, Limitation Act 1980 Jurisdiction: England and Wales Registered Land Updated: 06 February 2022; Ref: scu.578222
