Commentary

203 Formalities on mortgages of charity land

CHARITIES AND CHARITABLE GIVING vol 6(2)
| Commentary

203 Formalities on mortgages of charity land

| Commentary

6: MORTGAGES AND RENTCHARGES

203 Formalities on mortgages of charity land

Similar formalities to those required on other dispositions1 are required in mortgages relating to charity land2. A mortgage (or legal charge) of charity land must be sanctioned by an order of the court or of the Charity Commission3, unless it is a mortgage by way of security for the repayment of a loan or grant where the charity trustees have obtained and considered proper advice4, given in writing, on the following matters5:

  1. 203.1

        whether the proposed loan or grant is necessary in order for the charity trustees to be able

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