Habermehl 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, by virtue of section 14(2) of the Act, no ‘religious catechism or religious formulary distinctive of any particular denomination’ could be taught in the school. Teaching could therefore no longer be in accordance with the Anglican principles of the National Society. Counsel agreed that Warrington J had decided that the purposes mentioned in the Act meant the purposes mentioned in the deed.
Held: A reverter had taken place in 1876.


Rimer J


[1996] EGCS 148


AppliedAttorney General v Shadwell 1910
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 . .

Cited by:

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 . .
ApprovedFraser 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 . .
Lists of cited by and citing cases may be incomplete.

Land, limitation

Updated: 13 May 2022; Ref: scu.231637