Allen and another v Rochdale BC
Allen and another v Rochdale BC
- 2000
- Weekly Law Reports [2000] 2 WLR 182-193(6) .
CA 23 March 1999. Concerned a site used as playing fields by a school. As the local education authority the defendant council (R) was entitled to the residue of a term of 99 years as a result of a lease dated 12 February 1927. The plaintiff (A) was unaware of the existence of the lease and R had forgotten about it. After the school's closure part of the playing fields were sold. R's solicitor subsequently informed A of the existence of the lease which he thought was overridden by the sale. However, R later claimed to be entitled to a proportion of the proceeds of the sale and to a lease of the unsold land for a term equivalent to the residue of the 1927 lease. A claimed they were entitled to the entire proceeds of the sale and that the unsold land was held by the council on trust for them free from the lease. Appeal allowed.
TRANSFER
ESTATE
TRUST
CHARITABLE TRUSTEES
ALLEN AND ANOTHER V ROCHDALE BC
CA 23 March 1999. Concerned a site used as playing fields by a school. As the local education authority the defendant council (R) was entitled to the residue of a term of 99 years as a result of a lease dated 12 February 1927. The plaintiff (A) was unaware of the existence of the lease and R had forgotten about it. After the school's closure part of the playing fields were sold. R's solicitor subsequently informed A of the existence of the lease which he thought was overridden by the sale. However, R later claimed to be entitled to a proportion of the proceeds of the sale and to a lease of the unsold land for a term equivalent to the residue of the 1927 lease. A claimed they were entitled to the entire proceeds of the sale and that the unsold land was held by the council on trust for them free from the lease. Appeal allowed.
TRANSFER
ESTATE
TRUST
CHARITABLE TRUSTEES
ALLEN AND ANOTHER V ROCHDALE BC