ABSTRACT

This chapter considers trusts over land once they have been created and their operation thereafter, as governed by the Act. There is a statutory scheme governing 'trusts of land' under the Trusts of Land and Appointment of Trustees Act 1996 (TLATA) dealing with trusts of land. The fundamental technical aim of the TLATA 1996 was to achieve the conversion of all settlements under the Settled Land Act 1925, all bare trusts, and all 'trusts for sale' under the LPA 1925 into a composite form of trust defined as a 'trust of land'. Importantly, the provisions of the TLATA 1996 may be excluded by the terms of the trust instrument. In effect, the statute seeks to simplify the trustees' obligations in relation to obtaining consent from all of the people who might have been required to consent under the terms of the trust instrument.