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Trustees of land

  • 05-04-2013 11:18am
    #1
    Registered Users, Registered Users 2 Posts: 1,454 ✭✭✭


    I am hoping someone with legal knowledge can help me with an issue.

    If a group of people are appointed trustees of a large piece of historical land and gardens can they then appoint their children or others to be new trustees when they pass away and is this legally sound?


    I am trying to figure out whether the current trustees of a piece of land are legally allowed to make decisions on what can and can not be built or sold on the land.


    The land in question is of great historical significance to the town and it is been managed poorly.

    Is there any way i can get the land taken away by a body like the "Irish Heritage Trust" or similar?

    Thanks for any help you might offer me on this.

    Boggy


Comments

  • Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    bogwalrus wrote: »
    I am hoping someone with legal knowledge can help me with an issue.

    If a group of people are appointed trustees of a large piece of historical land and gardens can they then appoint their children or others to be new trustees when they pass away and is this legally sound?


    I am trying to figure out whether the current trustees of a piece of land are legally allowed to make decisions on what can and can not be built or sold on the land.


    The land in question is of great historical significance to the town and it is been managed poorly.

    Is there any way i can get the land taken away by a body like the "Irish Heritage Trust" or similar?

    Thanks for any help you might offer me on this.

    Boggy

    Go talk to a solicitor. The powers of trustees depend on the trust instrument. The High Court has a cy pres jurisdiction to very the terms of trusts but there are a lot of rules surrounding that.


  • Registered Users, Registered Users 2 Posts: 4,695 ✭✭✭December2012


    The information and powers are usually set out in the deed that established the trust. Have you a copy?


  • Registered Users, Registered Users 2 Posts: 1,454 ✭✭✭bogwalrus


    I have not got the deeds. Should I contact their solicitor and ask for them? I don't really want to draw any attention as I would like to collect as much information as possible first.


    One other thing I am curious about is the fact that the original trustee's paid an amount for the property but the individual selling expressed the following

    "You can consider the Demesne as yours, on the conditions and the price you have mentioned."

    The conditions were to preserve the demesne which was not done. Would this have been expressed in the deed on purchase? If so what action could one take?


  • Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    Trustees' powers are contained in the trust instrument which established the trust. It would be necessary to see that Document to be able to know what their powers are. Trustees have a duty to the beneficiaries and cannot profit form their position as trustees, if they fail in this duty they can be removed but only by the beneficiaries.


  • Registered Users, Registered Users 2 Posts: 1,454 ✭✭✭bogwalrus


    Thank you for your replies.

    I will contact their solicitor to see if i can get a copy of the trust agreement. Is there any place online I could find it or are they kept private?


    Thanks again


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  • Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    They are private.


  • Registered Users, Registered Users 2 Posts: 1,454 ✭✭✭bogwalrus


    Sorry again but another question.

    If planning permission has already been approved is there anyway of stopping it?

    There was almost no notice for a building that is now going to be built on the demesne grounds.


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