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  • : The blog of Frank Beswick. It deals with my interests in religious, philosophical spiritual matters and horticulture/self-reliance
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March 9 2016 4 09 /03 /March /2016 11:01

This page is for the members of Chadwick Park Allotment to enlighten them about their legal position in relation to Trafford Allotment Federation and Urmston Allotment and Garden Society.

Trafford Allotment Federation is an umbrella body membership of which is voluntary for sites, so we can join or leave at will, either as an allotment or as individuals. This is not the case with UAGS, as I will show you below.

In 1915 UAGS was established as a fellowship of several allotments, but later it added sites, and in 1927 Chadwick Park was one of them. Chadwick Park has never had an existence legally independent of UAGS.

Currently UAGS' legal status is that it is an industrial and provident society. This means that it is a registered company,which has shareholders and pays corporation tax, recently I signed the tax return for the society, and I cite this in support of my case. All shareholders in UAGS are shareholders in all sites and all share the assets. No site has an individual legal existence independent of UAGS. While Trafford Metropolitan Borough Council is the landlord of all sites except Laneheads, the lessee is not the individual site but UAGS. Therefore we at Chadwick hold our land only through UAGS.

I will explain by the following model. Suppose that a company has eight workplaces, be they factories or sales outlets. No individual outlet can claim the right to secede from the company, as it has no legal existence independent of the company to which it belongs. This model represents Chadwick's legal status in relation to UAGS. No site can leave UAGS without UAGS' permission.

If a site chose to leave then legal consequences would ensue. As they rent their land via UAGS they would be automatically forfeiting their tenancies, and UAGS could evict them and re-let the land. Trafford MBC could also evict them,as they have broken the terms of their tenancies. Furthermore, a site trying to break off would have to pay compensation to shareholders, which could be substantial.

I hope that this enlightens all and sundry about the legal relationships applicable to our site.

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Derdriu Marriner 09/05/2017 17:46

I understand that this page has the specific purpose of explaining Chadwick, Trafford and Urmston, which I feel you have done. Even though it therefore does not pertain to me, as a garden-lover on the other side of the Atlantic pond, I do have a question. Just out of curiosity, what is Laneheads and its landlord (since it's not Trafford)?

frankbeswick 09/05/2017 20:37

There are eight sites in Urmston Allotment and Garden Society, of which seven are rented from the local council; the eighth is Laneheads, which is on land owned by the society, who is its landlord.