References: Unreported, 15 May 1992, Times 01-May-1992
Land had been given to the local authority ‘for use as a recreation ground and for no other purpose’ The Attorney-General sought to oblige the authority to maintain it as such.
Held: The form of gift was not charitable, and no obligation to maintain it was created. Even if the authority had allowed creation of a charitable trust, only the original donor could enforce that trust, and not the Attorney-General.
This case cites:
- Applied – Attorney-General -v- Poole ([1938] 1 Ch 23)
Open space land had been conveyed to Poole Corporation ‘in fee simple to the intent that the same may for ever hereafter be preserved and used as an open space or as a pleasure or recreation ground for the public use.’
Held: There was no . .
This case is cited by:
- Cited – Bath and North East Somerset Council -v- HM Attorney General, The Treasury Solicitor (Bona Vacantia) ChD (Bailii, [2002] EWCA 1623 (Ch))
Land was conveyed to the Council’s predecessor on condition that it be left available for use for sports and similar recreations, and left as an open space. It was now sought to develop the land as a home for a football club. The Council sought . .