chapter  9
38 Pages

Trusts of land

WithJudith Bray

This chapter explains what is meant by a trust of land. It describes the reasons for the introduction of the Trusts of Land and Appointment of Trustees Act 1996. The chapter assesses the extent of the powers and duties of trustees of land. It aims to understand the nature of the duties of trustees of land. The chapter explains how the courts resolve disputes in a trust of land. It discusses the approach taken by the courts in relation to an application to court by a trustee in bankruptcy. The strict settlement came into existence in two circumstances: where limited successive equitable interests were carved out of ownership of a legal estate in land and where an absolute interest in land was conferred on a grantee who was subject to some disability, liability or contingency which qualified his capacity or entitlement to hold such an interest. The strict settlement had many drawbacks including the complicated method of creation.