Sale of Property
Unless the Deed of Trust under which the property is held contains an express power to sale, lease or surrender a lease held on charitable purposes, the prior consent of the Commissioners is required.
Under the 1961 Act, the Board can authorise trustees to make any sale or exchange of charity lands or any lease or surrender of a lease under which any charity lands are held by them, as it may seem expedient to the Board. Application must be made to the Board well in advance of the sale to avoid unnecessary delay in concluding the deal.Sale of Property
The application form for the necessary consent must be signed by two thirds of the Trustees and forwarded to the Commissioners with the following documentation:
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Copy of the Deed vesting the property in the applicants.
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Memorandum for the Commissioners setting out the charitable trusts affecting the property. The format of this document is laid out by the Commissioners. The information required in this document is inserted by the acting solicitor upon consultation with the Trust representative.
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Map of the property.
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Copy of the contract for Sale.
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Independent Auctioneers Valuation of the full open market value of the property.
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Details of the Trustees proposal’s for the application of the proceeds of sale.
Assuming all matters are in order, the Consent will normally issue thereafter.
Diocesan property may only be sold when the following conditions are met:
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That there is a good reason for selling it.
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The consent of the Finance Committee must be obtained.
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A form signed by the Parish Priest, the Chairman of the Finance Committee and the Chairperson of the Pastoral Council indicating that all are in agreement with the sale must be forwarded to the Secretary of St. Felim’s Trust.
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The trustees of St. Felim’s Trust must agree to the sale.
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This Consent to sell must be obtained in writing from the Secretary of the Trust.
