Land had been acquired by the trustees’ predecessors under the 1882 Act. The question was now whether it was subject to charitable trusts. Money having been received from the acquisition of the rights, a meeting had been held to determine the trusts upon which it was to be held. The express trusts were for the land to be held as common land and for part to be used for football and cricket. Much was now occupied by a football club. The people who might benefit from any private property rights could no longer be identified.
Held: The beneficiaries of the trust for use as common land for grazing are the occupiers from time to time. It was open to the Commissioners to approve a resolution for the creation of dual trust, for its use for grazing purposes by the then relevant occupiers from time to time, and for recreation. The trust so created is a charitable trust. The purpose for use as common grazing land is outdated and a cy pres scheme is to be created.
Judges:
Mr Justice Lawrence Collins
Citations:
[2001] EWHC Ch 464
Statutes:
Land Clauses Consolidation Act 1845, Commons Registration Act 1965, Commonable Rights Compensation Act 1882
Jurisdiction:
England and Wales
Citing:
Cited – Nash v Coombs 1868
The parties disputed interests in a sum of andpound;3053 paid by the Midland Railway Company for the acquisition in 1866 of common land. The right of common was vested in resident freemen as a result of an award of the Inclosure Commissioners in . .
Lists of cited by and citing cases may be incomplete.
Charity, Land
Updated: 21 June 2022; Ref: scu.166986
