Charities and not for profit organisations often deal with land, whether for their own use or as an investment. They must deal with a greater regulatory burden than ordinary businesses and landholders and must comply the additional statutory requirements as well with as their own governance and trusts.
Our partner-led team of property solicitors are experienced in providing the specialist advice needed to navigate these challenges.
We act for a diverse range of charities and not-for-profit organisations, foundations and trusts from small social enterprises, family charitable trusts and foundations as well as religious and educational, Royal Charter charities and Livery Companies through to national charities with significant land wealth and large grant making organisations. We understand that each organisation has its own specific needs and work closely with our Charity team to ensure that our clients understand and work within the confines of their trusts/governing document, suggesting amendments or changes where appropriate.
We also work side by side with our Private Client team in relation to philanthropy and philanthropic giving, assisting clients with their lifetime estate planning.
We have particular expertise in acting for charities with substantial property portfolios and advise on the implications of the Charities Act on property assets, including the development of land through non-primary trading vehicles.
Our team is routinely asked to act for charities, foundations, trusts and not for profit organisations on the following:-
- Acquisitions and disposal of land;
- Compliance with the Charities Act and other relevant legislation including obtaining consent from the Charity Commission;
- Establishing endowments of land and buildings;
- Routine landlord and tenant matters;
- Development of assets;
- Mergers;
- Closures of charities;
- Conversion of unincorporated charities to Charitable Incorporated Organisations (CIOs) or Charitable Companies;
- Registration of changes of trustees;
- Advice on property and land management policies and procedures;
- Secured lending; and
- First Registration of unregistered land
Our property litigation team have acted for a number of charities in relation to disputes involving land, including proceedings in the county court, High Court and Court of Appeal and understand the complexities in representing charities. We are experienced in advising charities and charity trustees on the matters they need to consider both before and during proceedings and how best to protect the position of trustees. This extends to both charity proceedings and standard proceedings in which charities may be involved.
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We provide training throughout the year on all aspects of running a charity or other not for profit organisation, including managing property and land. We also provide bespoke training to suit your needs.
LBMW is a member of the Charities' Property Association.
