Page 127 - Demo

WHAT DO WE MEAN BY “PROPERTY”?
There is a lot of jargon that trustees will start hearing:
In basic terms the expression “property” itself is usually used when talking about both land and buildings, - and the law usually makes the land include any building on it, but even this can be confusing on occasion.
As well as simply a question of buying/selling/leasing/managing land and buildings, “property” (or “estates” as it is sometimes described) also addresses related questions of construction; planning; highways; environmental; health and safety and other matters.
As well as the more familiar freeholds and leaseholds (though leases come in a whole host of different types) the trustee will come across the distinctions of licences; easements; restrictive covenants; and wayleaves.
On the construction side the language again is a world of its own with “D&B (Design and Build)”; “traditional” contracting; sub-contractors; collateral warranties; letters of intent etc.
On the planning and highways side, one will again come across another language which includes Section 106 agreements; Section 278 agreements; adopted highways; public highways; footpaths; private rights of way; planning obligations; unilateral undertakings; “JR” (Judicial Review) etc.
Much of the above is readily explicable in terms of what each basically means or does and trustees should feel completely free to expect their advisors to explain precisely what each word means and what each arrangement implies for their religious institute charity.
HOW DOES THE CHARITY ASPECT PLAY IN?
Where there is a religious institute charity the starting point as with other charities is to consider whether a particular property asset is operational or investment. There may be some element of mixed motive (and indeed this may increase as exibility to use assets for mixed motive purposes increases), but
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