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Vesting with Official Custodian for Charities
Vesting with Official Custodian for Charities
Posted
Thu, 23 Jul 2026 10:12:46 GMT
by
Peter Speight
I am a trustee of a small local non-exempt charity with three woodland properties. We have applied for and received a Vesting Order to transfer the land to the Official Custodian for Charities, under sections 69 and 90 of the Charities Act. I understand that to register the vesting we need to complete form AP1. I have some queries about this: 1. The three land title numbers are on the one Vesting Order. Can these be registered using one AP1 or do we have to submit three separate AP1s, each with a separate certified copy of the same Vesting Order? 2. I see that registration of some vesting orders are exempt from a fee or may have a reduced fee. Does this apply to this situation, or do standard Scale 2 fees apply? 3. We have a Restriction requiring consent to register a Disposition of the estate. Can you confirm that this vesting with the Custodian is not a registrable "Disposition"? Thank you
Posted
Thu, 23 Jul 2026 10:24:09 GMT
by
Adam Hookway
Peter - one vesting can be one AP1 for all three titles. Scale 2 fee. The restriction wording presumably explains how and when the consent is not required? Less of an issue as to whether it's a disposition but more about compliance not required ".......unless the transaction is authorised by....."
Posted
Thu, 23 Jul 2026 12:43:10 GMT
by
Peter Speight
Thank you for your reply. The relevant section of the restriction says "The Chargor "will not transfer convey or assign the Property nor cause or permit any person to be registered under the Land Registration Acts or any substituted statutory provision as the proprietor of the Property.....without the prior written consent of ..." I hope that vesting does not fall under this and it will not need to be entered under AP1 question 11. To complicate things, the restriction was from the company which provided the grant for the charity to purchase the land originally and that company was dissolved in 2011.
Posted
Thu, 23 Jul 2026 13:17:46 GMT
by
Adam Hookway
Peter - if by that you mean the restriction restricts dispositions by the registered owner then it won't normally be caught by the vesting order transfer. It will however remain on the register in most cases so I would recommend seeking legal advice to understand the vesting order and how that works in legal terms.
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