How to transfer charity property without former trustees' consent? (Anonymous post 🤫)

Governance

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Ocean King Staff Senior Community Executive at CharityConnect Posted 1 day ago

This question is from a member of our community that wishes to remain anonymous:

We are an unincorporated charity that owns a property registered with HM Land Registry. The legal title is still in the names of former trustees, some of whom are no longer involved and have declined to cooperate in transferring the title. The current trustees are lawfully appointed and registered with the Charity Commission.

We have submitted our application to become a Charitable Incorporated Organisation (CIO) and are seeking expert guidance on the most appropriate and legally secure way to transfer the property title, given the circumstances.

Key Questions:

1. After CIO registration, can the Charity Commission issue a vesting order to transfer the property into the CIO without requiring signatures from the former trustees?

2. Is it possible to apply now for a vesting order to the Official Custodian for Charities, and later transfer the title from the Custodian to the CIO?

3. Which of the above routes is considered more efficient, faster, and legally secure, particularly when dealing with non-cooperative former trustees?

4. What documentation and evidence should be submitted to support a vesting request to the Charity Commission?

5. Are there any other legal or administrative options available for resolving this issue without relying on the former trustees' cooperation?

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