Q&As

A club (probably an unincorporated association) owns a parcel of land. The land is owned legally by two trustees (who are also members of the club) and beneficially by all the members of the club.

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Published on LexisPSL on 20/10/2017

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A club (probably an unincorporated association) owns a parcel of land. The land is owned legally by two trustees (who are also members of the club) and beneficially by all the members of the club.

  1. How can the legal ownership of the land be transferred from the existing legal owners/trustees to new trustee club members?

  2. The club wishes to sell part of the parcel of land. How should the beneficial interest of the club members be protected?

This question raises the issue of land being held by trustees for the benefit of others and how it can be transferred to reflect changing circumstances. It raises aspects of the operation of the Land Registration Act 2002 (LRA 2002).

In the present case, the land is said to be held for the benefit of the members of a club. That club is said to be an unincorporated association. This distinguishes it from an incorporated body which enjoys a different legal status from its officers and members. Absent fraud, the directors and shareholders of a company will usually be regarded as separate from it so that they are not liable for its debts and will not enjoy any rights in the property it holds. An unincorporated association does not enjoy

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