Legal Question in Real Estate Law in United Kingdom
in 1935, Maria Hughes sold a plot of her estate to the South Wales Miners Union (SWMU). The sale was for the purpose of enabling the SWMU to build a rehabilitation centre for sick and injured minors. The conveyance contained the following clause:
"AND the Purchasers to the intent and so to build so far as practicable the property hereby assured into whosoever hands the same may come and to benefit and protect the property adjoining or neighbouring to the property hereby assured for themselves and their assigns hereby covenant with the Vendor and his successors in title as Owners of the property adjoining or neighbouring to the property hereby assured shall not nor shall any buildings thereon erected to be used for any purpose whatsoever except for the purposes of providing comfort and succour to those injured or otherwise harmed in the course of their trade work or calling as miners or in such related trades as shall be appropriate for the time being"
In 1972 Maria's great granddaughter Tamara, acquired the freehold land.
There are no longer any sick or injured minors requiring the rehabilitation centre. The SWMU has recently sold its land to the Church who are planning to use the rehabilitation centre as a retreat for it members.
Can Tamara prevent the church from doing this?
1 Answer from Attorneys
29.04.2012
Dear Sir / Madam,
I quote below relevant provisions of the Transfer of Property Act, 1882 :
Section 6. What may be transferred ?
Property of any kind may be transferred, except as otherwise provided by this Act or by any other law for the time being in force.
(b) A mere right of re-entry for breach of a condition subsequent cannot be transferred to anyone except the owner of the property affected thereby.
(d) An interest in property restricted in its enjoyment to the owner personally cannot be transferred by him.
Section 7. Persons competent to transfer
Every person competent to contract and entitled to transferable property, or authorised to dispose of transferable property not his own, is competent to transfer such property either wholly or in part, and either absolutely or conditionally, in the circumstances, to the extent and in the manner, allowed and prescribed by any law for the time being in force.
Section 8. Operation of transfer
Unless a different intention is expressed or necessarily implied, a transfer of property passes forthwith to the transferee all the interest which the transferor is then capable of passing in the property and in the legal incidents thereof.
Section 25. Conditional transfer
An interest created on a transfer of property and dependent upon a condition fails if the fulfillment of the condition is impossible, or is forbidden by law, or is of such a nature that, if permitted, it would defeat the provisions of any law, or is fraudulent, or involves or implies injury to the person or property of another, or the court regards it as immoral or opposed to public policy.
Tamara's legal right to prevent the Church will depend on whether :
a) there is any Clause in Maria Hughes' Sale Agreement which specifies what happens if the Purchasers do not fulfill the condition for transfer, whether the property vests back to the Owner in case of violation and.
b) there is an explicit Clause stating that the condition applies to subsequent sale of the property as well.
You can mail me for further on-line legal advice at [email protected]
Regards,
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