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Charities Trustees and Titles

We are noticing that auditors are checking regularly that charities have their title up to date.  That is indeed wise and where there are changes in charity trustees it can be important to make sure that the title is not in the name of trustees who have left or who cannot now be traced.  This can lead to expensive problems further down the line if the links with the current trustees are not available.
However, we are finding that many auditors are unaware of the provisions of section 26 of the Titles to Land Consolidation (Scotland) Act 1868.  This gives a special exemption for basically churches and schools and introduces a provision whereby even if there are changes in the trustees or elders then the property still automatically is vest in their successors.  This means that in the case of a church, even if the elders listed in the title have all died many years ago, the current elders are treated as having a registered title to the property. 
For that reason it is unnecessary to incur the expense of updating it each time there is a change.  There is also provision in a later Conveyancing Act to cover the position where the trustees are the holders of specific posts, e.g. the local head teacher, councillor or parish minister.  Here again the Act assumes the title is automatically vest in their successors.