Decision details

The Cabinet Member for Procurement, Assets and Shared Services considered the proposed transfer of land at Alsager School to Christ Church.

A boundary discrepancy between Alsager School and Christ Church had been identified when the Purchasers attempted to register the church hall at Her Majesty’s Land Registry (HMLR). The area subject to the discrepancy amounted to approximately 35 sq/m. Part of the Church Hall had been built upon land that had been included in the School’s HMLR title, owned by the Council.

The Purchasers had requested that in the interest of cost saving, the land be transferred to them at nil consideration, this option being favoured to the alternative which was to commence a protracted and time consuming adverse possession claim with HMLR. The Purchasers had enjoyed uninterrupted enjoyment of the land for over 50 years, making a claim for adverse possession credible and realistic.

In considering this matter it was noted that:

?       The School had never considered that it owned the land and there were no implications should the title transfer.

?       The School Governors had confirmed that they approved the proposed transfer of the land to the Purchasers at nil consideration. 

?       The Purchasers had confirmed that they would pay the Council’s fees in dealing with the transaction.

?       It was considered that the Purchasers would succeed in an adverse possession claim of the land due to the fact that they have enjoyed uninterrupted enjoyment of it for over 50 years.

?       If the Council gave consent to the proposed transfer, the Council would be able to impose covenants by agreement to retain rights to safeguard their long term interests in the land against further or alternative development.

The proposed transfer of the Green land from the Council to the Purchasers was therefore considered the most appropriate course of action.

RESOLVED

That the Cabinet Member for Procurement, Assets and Shared Services

approves that approximately 35 sq/m of land at Alsager School (shown coloured green on the plan attached to the report) be disposed of to Christ Church for nil consideration.