Sale and other disposal of property
Buildings and land held on charitable trusts shall not be mortgaged, sold, leased or otherwise disposed of unless the trustees have first followed the procedure required by law. This normally entails obtaining a written report from a qualified surveyor acting exclusively for the charity, advertising the disposition as advised by the surveyor and being satisfied that the terms are the best that can reasonably be obtained. In certain circumstances, such as disposition to a person connected with the charity, it is necessary to obtain an order from the Charity Commissioners. Further information on the detailed requirements is obtainable from Friends Trusts Limited.
These regulations do not apply in Scotland where there are no restrictions on the disposition of charity land provided that it does not contravene the terms of the trusts. However it is recommended that meetings in Scotland should, as a matter of good practice, follow the procedure outlined above.
Disused burial grounds - especially those where there is no meeting house adjacent - have sometimes proved burdensome to area meetings. In such cases the possibility of sale should be considered, with due regard to the use to which the ground would be put. If the land has no immediately realisable value consideration should be given to a lease, possibly at peppercorn rent, to some person or body prepared to maintain it in good condition as an open space. Whilst a burial ground remains in the care of the meeting it is important to see that it is properly maintained and that others do not acquire the land through default. A memorandum is available from Quaker Finance & Property about the disposal of burial grounds and the removal of remains.
Area meetings or other owning bodies should consider and endeavour to assess realistically all the circumstances before offering for sale any land or buildings in connection with a meeting house. There have been cases in the past where a small meeting has been revived or one long discontinued has been reopened. It has become increasingly difficult to find suitable sites or existing properties that are available for new meeting houses. This may be an additional reason for retaining existing meeting houses in Quaker ownership, in case one day they may be required again.
Next: 15.11
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