King v Diocese of Newcastle [2019] UKUT 176 (LC)

Wills & Trusts Law Reports | Autumn 2019 #176

The Appellants were the descendants of Edward Collingwood, who had conveyed a church and churchyard, for use as a chapel of ease for the parish of Newburn, to the Church Building Commissioners on 1 October 1837 (‘Conveyance’). As originally constructed, the church contained a burial vault or sepulchre lying below the central aisle of the nave. This had been expressly excepted and reserved to the grantor ‘… with full power for [the grantor and his heirs and assigns] to open such vault as aforesaid and use and repair the same at all reasonable times…’. The church ha...

Charity land: Tomb raider

Ian Blaney and Ben Nichols report on an unusual case that contains a warning for charity trustees of the dangers of adverse possession ‘King would support the view that the claimant must factually enter onto the discrete land which they are seeking to adversely possess or clearly take steps to exclude the true owner from …
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