The trust of land

Question 1

A trust of land is governed by which act?

Answer 1

Trusts of Land and Appointment of Trustees Act 1996

Question 2

All trusts containing land, including bare trusts, successive interest trusts and concurrent interest trusts are trusts of land under…

Answer 2

s1 TLATA 1996

Question 3

the trustees have the powers of an absolute owner, subject to taking into account the right of the beneficiaries

Answer 3

s6 TLATA 1996

Question 4

the powers of the trustees may be excluded expressly by the settlor. Moreover, the powers, such as the power of sale, may be exercisable subject to the consent of any person

Answer 4

s8 TLATA 1996

Question 5

if a sale cannot occur because of lack of consent, an application may be made to the court

Answer 5

s14 TLATA 1996

Question 6

trustees may delegate their powers by POA to beneficiaries of age and beneficially entitled to an interest in possession (they must exercise reasonable care in delegation and must keep it under review)

Answer 6

s9 TLATA 1996

Question 7

the beneficiaries of full age and beneficially entitled to an interest in possession have a right to occupy the land subject to the trust unless it is unavailable or unsuitable for occupation

Answer 7

s12 TLATA 1996

Question 8

beneficiaries of full age and beneficially entitled to an interest in possession must be consulted before the exercise of any if the trustees’ powers unless the duty has been excluded expressly.

Answer 8

s11 TLATA 1996

Question 9

powers of trustees when two or more beneficiaries are entitled to occupy the property

Answer 9

s13 TLATA 1996