ABSTRACT

This chapter considers the regime introduced by the Trusts of Land and Appointment of Trustees Act 1996 dealing with trusts of land. This Act deals with issues as disparate as the abolition of the doctrine of conversion, the rights of beneficiaries to occupy the trust property, the obligations and powers of trustees, and the resolution of applications for orders for sale. It shows the various equitable doctrines which relate to land law. The principles of child law have developed since the principal cases on s 30 were decided: therefore, it is difficult to know how property law courts will deal with concepts developed originally by family courts in disposing of applications seeking the use of the family courts' broad, statutory discretion. Equitable doctrines also suggest that in given situations, a general notion of unconscionability is operate so as to provide rights for claimants. The rules relating to joint tenancies and tenancies in common are also significant in relation to land.