ABSTRACT
Sale under the Trusts of Land and Appointment of Trustees Act 1996 Mortgage Corporation v Shaire (2001) The court has a greater degree of flexibility when considering whether or not to postpone sale under s 15 TOLATA than under the old law Rodway v Landy (2001) s 13 TOLATA allows the count to partition trust property Bank of Ireland Home Mortgages v Bell [2001] In exercising its discretion whether or not to order sale it should always be a ‘powerful consideration’ whether a secured creditor was receiving proper consideration for being kept out of his money
Repairs by a co-trustee and payment of rent Leigh v Dickeson (1884) A co-tenant cannot ask for a contribution towards repairs from another co-tenant unless he first agrees Dennis v Macdonald (1982) A co-tenant is entitled to rent from the co-tenant if the threat of violence forces them to leave the trust property
Bankruptcy Re Citro (1991) Exceptional circumstances under the Insolvency Act 1986 does not include young children and the need to change schools Re Holliday (1981) Sale can be delayed under the Insolvency Act 1986 where the husband petitioned for bankruptcy himself Barca v Mears (2005) Nicholls v Lan (2007)
l a n d l a w
Property was purchased jointly between a mother and her son in the name of the son. Contributions were unequal but it was accepted that the son held the equitable estate as trustee on behalf of them both as tenants in common. They lived in the property together, but later when the son married he asked his mother to leave. It was held that the mother as a co-owner under a trust had a right to live in the property.
