Legal Tips

A few legal tips for preparing and completing your deed of dedication.

Once we complete the deed of dedication the land will be protected as a QEII Field. This will mean the land can only be used for the use it is stated for in the deed. Any proposed sale, lease or charging of the land will require the consent of FIT prior to its arrangement.

How to obtain the register of title and plan for REGISTERED LAND

Firstly the register and plan must be recent; they need to represent the current standing of the land so we ask that all registers and plans are dated within the last 12 months. If you do not have a copy on file, you can obtain these from the Land Registry, you can also view the Land Registries instructions on obtaining these documents from them. Moreover, if you are unsure if you have already have these documents you can view an example of the register, and an example of the plan.

How to obtain the root of title for UNREGISTERED LAND

Map These documents are normally held by the landowner, if however after a thorough investigation of all internal archives and storage you cannot find these there are a few other likely sources. If any money has or had been borrowed using the land as security, the lender may have information pertaining to ownership. Indeed, if you know of any parties who have or had a legal interest in the land, they may be similarly helpful. Moreover if you routinely use a particular solicitors firm for your legal matters they may hold them. If you are a Parish or Town Council, it may be that the Borough or District Council may have information pertaining to ownership.

Suitable Plans

Plans Due to Land Registry requirements plans used with deeds must comply with certain conditions. Generally speaking, the scale of the plan must be between 1:1250-1:2500. Secondly it must include a compass (north point). If you do not have access to plans that meet these requirements please speak to a member of the Legal team at Fields in Trust on 020 7427 2110.

How to execute a legal document

Legal Document It is important when signing a deed of dedication to follow the correct formalities. The signatories must be duly authorised to sign on behalf of the site owner. Being duly authorised to sign is usually regulated by an organisations constitutional document, or in some cases statute (statutory and proper officers for the council, for example).  The document will generally require you to write your name and sign, please write your full name clearly in BLOCK CAPITALS in the section of the deed dedicated for your parties’ execution and sign next to your name. Some organisations execute legal documents with a common seal. Please let our legal department know if this is the case.

If you are unsure where to sign or have any questions regarding execution of the deed please ask the legal officer assisting you to advise.

Please communicate with us regularly

Contact us We will often be sending important information to you via email to save time. It is important that you give us the correct email address for dealing with these matters and ensure that it is checked regularly. If our contact leaves your organisation you must inform us ASAP. You can call the Fields in Trust Legal team on 020 7427 2115 or email David.roberts@fieldsintrust.org

 

 

 

 

 

 

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