New RulesUpdated: May 25th, 2021Created: August 1st, 2013
Previous rules as recorded at the Inland Revenue in 1999.
RULES as of May 25th 2021
Numbers in orange denote the rules copied from the original text.
Section 1: Foundation
- The Preface, Aims, Objectives and Rules can only be changed with the unanimous consent of existing founders and beneficiary trustees.
- None of the above can be changed once the founders have died.
- Rules may be expanded by current trustees. Guidance on how to apply the rules shall be available to any administrative manger or user of the land.
- If Trust is wound up the beneficiaries shall take ownership of the land as per the trustees agreement. (19)
Section 2: Trustees and Beneficiaries
- The first trustees are the proprietors of the land.
- Any person agreeing with the aims and objects may become a trustee with the unanimous agreement of either all existing trustees or all beneficiaries. (15)
- Trustees may resign giving notice in writing at least a period of two full moons prior. On resignation their names will be removed from any accounts held in trust and monies they deposited there by way of themselves or others will remain the property of the Trust. Their rights as beneficiaries if any will continue. (13)
- Trustees that are not involved in the day to day running of the land, delegate the land management to those working on the land. If there is no resident beneficiary as the de-facto manager, a general manager is to be appointed from amongst themselves or any full term beneficiary. (5)
- A full term Beneficiary is someone who uses the land as the main source of their income, 80%
- A resident beneficiary is a someone who runs a business on the land and resides thereon.
- Full term and resident beneficiaries are considered to be trustees for all purposes.
- Nominee trustees are those holding title to land in trust. It is the responsibility of the trustees to ensure there are suitable nominees on any land held in trust.
- Any person not contributing as per rule 12 who may be a trustee and a beneficiary has only nominees control over the Trust funds and land as trustees until they cease to be such and as beneficiaries only to the extent of the produce from one acre of land for a time decided by the trustees. (14)
Section 3: Management of Assets
- Money provided to buy land to be held in a trust account on behalf of The ELF Trust, solely for the transfer fee for the purchase of freehold land.
- The trust will have no other money dealings other than the payment of land.
- Account book documents deeds etc. are kept by Roger Lovejoy. Day to day management and administrative updates are to kept on-line at https://calstock.org.uk/elf (18)
- Benefactors that provide land or funds have the right to grant the use of that land, or land to that value if available, or to grant the use of the funds to appropriate applicants.
- Beneficiaries over 18, not included by way of grant in c) above, shall further the monies for the purchase of one further acre of land within three years of a notice from the trustees in writing. (12)
- Descendants of benefactors are deemed to have a grant up to the value of their respective ancestors gifts.
- Titles of land held shall have an appropriate statement in the Proprietors Registry to stop the land being sold without the consent of all trustees and all beneficiaries.
- The sale of part or all of trust land is conditional on the proceeds being used to buy other land with the same aims. All conveyancing costs and any other matters are to be paid from the personal resources of whomsoever wants the sale whether trustees or beneficiary, (4)
- Address of trust is ELF, Harewood, Calstock, Cornwall PL18 9SQ
Section 4: Provisioning of land
a) Land will be provide to successful applicants to grow food and manage a nominal one acre of land.
b) The area may temporarily greater than one acre,
c) Any allocated land is to used for 'forest agriculture' and may not be a contiguous acre, although the 1/3 acre for food is likely to be. It is expected that the other 2/3 acre will be part of a larger wild or semi-wild habitat with limited use.
d) Beneficiaries may, on agreement with the trustees, apply for planning permission in respect of accommodation.
6) Animals are only to be taken on to trust property if they are in immediate danger or suffering some attendable physical injuries whence passed they will be returned wherefrom they came.
As most current trustees do not mange the land, decisions on the use of the land belong to the managing trustee. Trustees have a duty to monitor the manager to ensure that the land is being used as designed and whom can benefit.
END OF DOCUMENT
There is a notable issue around the use of animals and activities to support their use:
https://rogerlovejoy.net/blog/jam/?p=447 halfway down the page starting with the red text; and
https://rogerlovejoy.net/blog/jam/?p=449 , again starting at the red text and including the blocked text