Densham v Charity Commission [2019] WTLR 473

Wills & Trusts Law Reports | Summer 2019 #175

Introduction

This case involved two inclosure awards made in the nineteenth century under powers conferred by s73 of the Inclosure Act 1845. Each award allotted land to the Churchwardens and Overseers of the Poor for the parish “to be held by them and their successors in trust as allotments for the labouring poor of the said parish …” The land, which is in Buckinghamshire, is now held by Hughenden Parish Council.

The Charity Commission considered that the land held for local allotments was subject to charitable trusts for the relief of the...