7. Trusts of Land

Abstract

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the three types of trust under the old law which operated prior to the commencement of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996). It also presents criticism of the old law governing bare trusts of land; criticisms of strict settlements and the Settled Land Act 1925; criticisms of the trust for sale; the definition of a trust of land; the need for two trustees for a trust of land; appointment, retirement, and removal of trustees; method of appointment of trustees; unanimity of trustees; the powers of disposition of trustees of land; the trustees' duties on exercising their powers; exclusion and restriction on trustees of land powers of disposition; and delegation of trustees' powers to beneficiaries.