DILAPIDATION & DECAY |
LIME PARK |
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EXHIBITS FRIENDS HERITAGE HOME LIME PARK OPEN DAYS PARKING TECHNOLOGY |
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It all started with incandescent electric light bulbs. Once carbon filament electric lamps were commercially available, the demand for electricity followed. All down to two men, Thomas Edison and Joseph Swan. Who, eventually joined forces, to form the "Ediswan" Electric Light Company.
Where the buildings have not so far benefited from any formal recognised use, granted a planning permission, the incentive to pay for expensive treatments and repairs, and the constant fight against brambles, ivy and other flora, proved too much for those acquiring the premises in 1990, through into 2010, when legal challenges as to ownership and the cost of defending rights to a potential liability, were mounting and beyond the means of any ordinary person of limited financial means. In other words, nobody wanted a building that was a constant drain, or an expensive and potentially ruinous court case in the making, seeking corrective justice.
In November 1995 a Court confirmed that the parties to a transfer from 1990 would become bare trustees, until a/any registration with the Land Registry could be perfected. A bare trust (or simple trust) is one where a/ the trustee(s) holds the legal title to the property but has no active duties other than to convey it to the beneficiary when asked. The beneficiary has the absolute right to the property. In this case that duty may have been overtaken by events. Since, it appears that adverse possession establishes a claim to ownership independently or any bare trustees.
It transpired that a registered and licensed Conveyancer, had been struck off from practicing, so defaulting and not perfecting the transfer as instructed by the parties. No trace of the defaulting conveyancer was found by the Trust or any Trustee, leaving the Trust ignorant of the fate or any orders or other requirements placed on the conveyancer.
In recognition of this problem, and concerned as to this important historic building becoming overgrown again and in danger of collapse, as when it was when first discovered in 1981, the Lime Park Heritage Trust was formed after January of 2000, with the express intention of protecting the heritage asset from further decay. From 2005, trustees Herstmonceux Electricity Works Restoration Company Limited and Solar Cola Limited (now dissolved) stepped into the frame, hopeful of obtaining a beneficial use, by way of a recognised planning consent.
One of the trustees made enquiries of the Land Registry in 1999, it being explained that a potential remedy lay in making a claim under the law of legal estoppel, otherwise known as Adverse Possession (Squatter's Rights).
In
effect, the building had been abandoned, without any legal guardian.
Though, even with a Consent Order from 2005, there was no remedy
forthcoming from the local authority, as to not having any beneficial
use. As a result of the planning blight, the brambles and ivy continued
to invade the building, the roof continued to leak and rainwater goods
failed. Woodworm, dry and wet rot began to take hold again, threatening
newly repaired partitions. Without security of any sort, vandals were
free to permeate the site.
With lawful occupation so established in 2012, the Trust felt relatively emboldened, such as to expend monies on the by now, necessary remedial works, without the need of any permission from any former owner. Signs as to ownership were posted and gates and locks installed to prevent former owners or occupiers, or any other claimant, taking back any restored buildings, without making financial restitution. As previously, all users from that point in time forward, occupied any part or parts of the building under Licence from the charitable Trust.
Other substantial works took place, including new slate roofs to the main generating station (double gables) and the old faggot store. Security cameras and other lighting was installed. The ivy and brambles were cleared and the grass mown regularly over this period. Woodworm and other preventative treatments were routinely applied to prevent wet and dry rot. The drive was repaired, fences where broken, and a Museum was established, including several dedicated displays, as seen elsewhere on this website. The Museum opened to the public for the first time in 2024, without the need for planning permission, as a right under the Town and Country Planning (General Permitted Development) (England) Order 2015.
Perfection of Title under the Land Registration Act 2002 (Schedule 6): Paragraph 1 of Schedule 6 allows a person who has been in adverse possession of registered land for 12 years to apply to be registered as proprietor. Paragraph 5 of Schedule 6 deals with the situation where the registered proprietor (the bare trustee) is a trustee. It states that if the registered proprietor is a trustee, the application can still be made. But that appears not to be so in this case, the registered proprietor, or cautioner, is not a trustee of the Trust, except perhaps as bare trustee, without any active role.
According to official HMRC websites, a trust with less than £100 and set up before 6 October 2020 (sometimes called a ‘pilot trust’) need not register with HMRC, except and unless if it becomes liable for any of the following taxes, for example with an income of less then £5,000, the Trust may not be liable for: Capital Gains Tax, Income Tax, Inheritance Tax, or Stamp Duty Land Tax.
This of course may change in the future, for example if the Trust is not registered with the Charity Commission, and/or if income exceeds five thousand pounds. The reasoning presumably being not to unduly burden small trusts with red tape requirement that would see them fail, in not having the funds to meet such additional administrative requirements.
Registration with the Land Registry is sure to open doors to funds, to better caretaker the subject heritage assets as per the stated objects of the Trust. This is a snapshot of the legal position as it is understood and believed to be by the Trust; errors and exceptions omitted.
The only surviving early example of load levelling (modern grid stabilisation) using battery storage C.1900.
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Copyright © 2025 Lime Park Heritage Trust. A not for profit organisation with charitable objects.
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