Formalities for land transactions involving charities
A practice note that considers the formalities for charity land transactions in England and Wales, with a particular focus on the restrictions on disposals and mortgages imposed by Part 7 of the Charities Act 2011 (ChA 2011). This practice note provides an overview of the key procedural requirements that charity trustees must follow when conveying, transferring, leasing, or otherwise disposing of charity land. It addresses the important distinctions between exempt and non-exempt charities and outlines the various legal structures a charity can adopt. It details the rules for disposals to connected persons, the specific obligations concerning land held for a charity's purposes (specie land), and the requirements for mortgaging property. Furthermore, this practice note discusses the statutory statements that must be included in contracts and disposition documents for transactions both by and to a charity.
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