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Real Estate Donation Agreement Template for England and Wales

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Key Requirements PROMPT example:

Real Estate Donation Agreement

"I need a Real Estate Donation Agreement to transfer my residential property in Manchester to a local educational charity, with conditions that the property must be used for student accommodation for at least 10 years, with completion planned for March 2025."

Document background
A Real Estate Donation Agreement is essential when transferring property ownership without payment in England and Wales. This document is commonly used for charitable giving, family transfers, or institutional donations. It must comply with strict legal requirements including the Law of Property Act 1925 and Land Registration Act 2002. The agreement details the property specifications, confirms the donor's authority to transfer, addresses tax implications, and establishes any conditions or restrictions on the donation. It provides legal protection for both parties and ensures proper documentation for land registry purposes.
Suggested Sections

1. Parties: Identification and details of the donor and recipient

2. Background: Context of the donation and brief property description

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed description of the property being donated

5. Transfer Terms: Specific conditions of the donation transfer

6. Representations and Warranties: Donor's declarations about property ownership and condition

7. Completion Requirements: Steps required to complete the transfer

Optional Sections

1. Charitable Purpose: Required when donation is to a charity, specifying intended use and charitable requirements under Charities Act 2011

2. Tax Provisions: Specific arrangements regarding tax implications, including Stamp Duty Land Tax and Capital Gains Tax considerations

3. Conditions Precedent: Conditions that must be met before completion of the donation

4. Ongoing Obligations: Any continuing responsibilities of either party post-completion

Suggested Schedules

1. Schedule 1 - Property Title Documents: Copies of title deeds and registration documents from Land Registry

2. Schedule 2 - Property Plans: Official plans and drawings of the property including boundaries

3. Schedule 3 - Property Information Form: Standard property information provided by the donor including property condition and history

4. Schedule 4 - Encumbrances Schedule: List of any existing charges, restrictions, or obligations affecting the property

5. Schedule 5 - Tax Certificates: Relevant tax clearances or certificates required for the donation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


























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Industries

Law of Property Act 1925: Primary legislation governing land ownership and transfers in England and Wales. Defines legal estates in land and establishes requirements for written contracts in property transactions.

Land Registration Act 2002: Sets out requirements for registration of property, rules regarding land transfers, and determines priority of interests in land. Essential for ensuring proper documentation and registration of the donation.

Charities Act 2011: Relevant when donation is made to a charitable organization. Specifies requirements for charitable donations, trustees' duties and responsibilities, and particular requirements for land transactions involving charities.

Finance Act 2003: Governs tax implications of property transfers, particularly Stamp Duty Land Tax considerations and related tax obligations in property transactions.

Tax Laws - General: Various tax considerations including Capital Gains Tax implications, Inheritance Tax considerations, and Gift Aid rules where applicable to property donations.

Land Registry Requirements: Specific requirements including Form TR1 for transfer of registered property, registration procedures, and associated Land Registry fees.

Common Law Principles: Fundamental legal principles governing capacity to make donations, requirements for valid gifts, and the principle of consideration in property transfers.

Anti-Money Laundering Regulations 2017: Regulatory requirements for due diligence, identity verification, and verification of property source to prevent money laundering through property transactions.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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