ABSTRACT
This chapter explains what is meant by a trust in land. It reviews the need for the reforms brought about by ToLATA 1996, notably: no new strict settlements, all trusts for sale were converted into trusts of land and all new trusts comprising land are trusts of land. The chapter also reviews that the ToLATA 1996 statutory framework governing trusts of land sets out the powers and duties of trustees and the rights of beneficiaries. The problems with settled land and trusts for sale, and the complexity of having a dual system mean that the only means to now create a trust comprising land is as a trust of land under ToLATA 1996. Section 14 of ToLATA 1996 gives the court the power to settle disputes about the exercise of trustees' powers. Protection against trustees selling in contravention of any rule in law or equity, depends on whether the purchase is of unregistered or registered land.
