Q&As

A council is in the process of granting a long lease to an academy trust and a caretaker's house is situated within the school site. The caretaker's house has over the years been used ancillary to the school provisions. Is the local authority legally required under the Academies Act 2010 or any other educational act to transfer the caretaker's house together with the school site?

read titleRead full title
Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 01 July 2024
imgtext

The Academies Act 2010 (AcA 2010) and regulations made thereunder makes provision for the transfer of land from the local authority to the Academy Trust. While there is power in AcA 2010, Sch 1 to provide for outright transfer, the guidance from the Department for Education in its document, Land Transfer Advice (April 2013), is that in the vast majority of cases the transfer will be by way of a 125-year lease to the Academy Trust, thus preserving the public land. It is usually only in those cases where a school already owns their own land prior to conversion to

Chris Bryden
Chris Bryden

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

Powered by Lexis+®
Jurisdiction(s):
United Kingdom

Popular documents