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 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 claim of those interested under the reverter had long since become statute barred. The original grant under the 1841 Act followed the National Society standard form.


Lord Justice Peter Gibson Lord Justice Mummery Lord Justice Latham


Times 09-Jan-2001, Gazette 25-Jan-2001, [2001] Ch 669, [2000] EWCA Civ 460




School Sites Act 1841


England and Wales


DisapprovedMarchant and Others v Onslow ChD 12-Nov-1993
School site reverts to original grantors when land is not part of an estate. . .
Appeal fromFraser and Another v Canterbury Diocesan Board of Finance ChD 22-Feb-2000
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 . .
ApprovedHabermehl v Attorney General 1996
Land was granted for use as a school for the education of poor persons in accordance with the principles of the National Society. In 1876 the school had become a ‘provided school’ run by a School Board under the Education Act 1870. That meant that, . .

Cited by:

CitedRector of Wrington and The Bath and Wells Diocesan Board of Finance v Jenkinson and Others ChD 26-Feb-2002
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 . .
See AlsoFraser and Another v Canterbury Diocesan Board of Finance and Another Chd 14-May-2003
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 . .
CitedFraser and Another v Canterbury Diocesan Board of Finance and others HL 27-Oct-2005
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 . .
Lists of cited by and citing cases may be incomplete.

Education, Land, Limitation, Land

Updated: 23 May 2022; Ref: scu.135660