Settlements Of Land

Question 1

What are the two types of settlements of land before 1 Jan 1997?

Answer 1

Strict settlement

Trust for sale

Question 2

What is the full name of the TLATA 1996?

Answer 2

Trust of land and appointment of trustees act 1996

Question 3

After 1 Jan 1997 what type of settlements of land can exist?

Answer 3

Trusts of land under s1 (or implied trusts of land under s5)

Question 4

Which section of TLATA gives trustees the power to postpone sale?

Answer 4

S4 TLATA

Question 5

Which equitable doctrine does the TLATA abolish?

Answer 5

S3 abolishes the doctrine of conversation, so the interests of the beneficiaries are only in the land

Question 6

What is overreaching?

Answer 6

In order to remove the beneficial interest of a third party in registered land, payment must be made to at least two trustees, under s27 LPA 1925 and s16 TLATA

Question 7

What powers do trustees have over a settlement of land?

Answer 7

Power to sell, lease, mortgage, and physically partition the land, under s6-7 TLATA

Question 8

If beneficiaries are of full age and capacity, what may/must the trustees do?

Answer 8

May convey the land to them (s6(2) TLATA)

Must consult them and give effect to the wishes of the majority by value (s11 TLATA)

Question 9

Which section TLATA deals with the power to delegate trustee duties?

Answer 9

S9 allows delegation, which may be revoked by any of the trustees under s9(3)

Question 10

Which case establishes that trustees have a continuing duty to exercise general supervision?

Answer 10

Speight v Gaunt

Question 11

When and under what authority do beneficiaries have the right to occupy trust land?

Answer 11

When when it was set up to provide land for their occupation and is available for occupation - s12(1) TLATA and Bull v Bull

After the creation of the trust the trustees acquired the land for their occupation - s12(2)