Chapter 9- Disputed Between Coowners

Question 1

What is the TLATA short for

Answer 1

Trust of Land and Appointment of Trustees Act 1996

Question 2

Under s12 TLATA 1996 does a beneficiary have the right to occupy?

Answer 2

Yes where purpose of the trust includes making the property available for beneficiaries they have right of occupation

Question 3

What S of the TLATA act states trustees must notify beneficiaries of movement of the land

Answer 3

S11 - unless specifically specified not to

Question 4

What does s14 TLATA cover

Answer 4

Person with interest in the property to make an application for order of sale to the court.

Can also prevent a sale under the same section with an order

Question 5

What 4 factors will the court consider before ordering a sale of property under s15(1) TLATA

Answer 5

1- intentions behind the creation of the trust

2- purpose of the property

3- welfare of a child or potential child who might inhabit the property

4- the interest of any secured creditor or beneficiaries

Question 6

What case contradicts Bank of Ireland home mortgages v bell (case where child almost 18 order to sale was awarded)

Answer 6

Mortgage corporation v Shaire

Sake of the home suspending till children were 18

Question 7

Which case enabled factors of sale to be broadened on S15(1) of the act

Answer 7

Roadway v Landy sale of GP surgery

Question 8

Example case where s14 or s15 could not be applied as a result of the order subject to sale agreement

Answer 8

Finch and others v Hall

Trust stayed all 4 must agree to sale but 4th did not agree. Court could not overral