ABSTRACT
The more difficult area on the cases has been the question of whether or not to order a sale of land where one or more beneficiaries wish it, but where others do not. Formerly personified in s 30 of the Law of Property Act 1925, s 14 of TOLATA 96 provides a power for the court to order sale of the property, in effect, on terms. The terms are set out in s 14(2):
Therefore, the court is empowered to make any order as to the performance of any of the trustees’ duties under the trust of land – including whether or not to sell and whether or not to permit a beneficiary to occupy the land. As to the locus standi of persons to apply (s 14(1)):
Therefore, occupants of property cannot apply unless they can demonstrate that they have an ‘interest in property’ relating to the land in question. This would include mortgagees and other secured creditors, but not children of a relationship, subject to what is said in relation to s 15 below, whereas children are entitled to have their interests taken into account but not to apply to the court in relation to the trustees’ treatment of the land.
