Set the right example
Set the right example
- 2002
- Estates Gazette (0243) 26 October 2002, 195(1) .
Explains the consenquences of the decision in 'Bath and North East Somerset Council v Attorney General' which dealt with a division between the local authortiy's dealings with land in a private transaction and the dealings with the land as trustees. In this case the authority required land that was subject to a restrictive convenant that the land is only used for public recreation. High court decided that in this instance the council wastrustee of the land and would have to comply with charity law if it wished to dispose of the whole or any part of the ground. This case should stand as guidance to other authorities facing the same situation.
BATH AND NORTH EAST SOMERSET DC V ATTORNEY GENERAL
DISPOSAL OF LAND
LOCAL AUTHORITY LAND
PROPERTY-PROPERTY ACQUISITION AND DISPOSAL-ACQUISITION AND DISPOSAL BY PRIVATE TREATY
RESTRICTIVE COVENANT
Explains the consenquences of the decision in 'Bath and North East Somerset Council v Attorney General' which dealt with a division between the local authortiy's dealings with land in a private transaction and the dealings with the land as trustees. In this case the authority required land that was subject to a restrictive convenant that the land is only used for public recreation. High court decided that in this instance the council wastrustee of the land and would have to comply with charity law if it wished to dispose of the whole or any part of the ground. This case should stand as guidance to other authorities facing the same situation.
BATH AND NORTH EAST SOMERSET DC V ATTORNEY GENERAL
DISPOSAL OF LAND
LOCAL AUTHORITY LAND
PROPERTY-PROPERTY ACQUISITION AND DISPOSAL-ACQUISITION AND DISPOSAL BY PRIVATE TREATY
RESTRICTIVE COVENANT