ABSTRACT

The introduction of the Trusts of Land and Appointment of Trustees Act (TOLATA) 1996 sought the conversion of all strict settlements under the Settled Land Act 1925 and all trusts for sale under the Law of Property Act 1925 into a composite trust known as a ‘trust of land’. However, within that re-composition of the property law understanding of rights in the home, were some larger objectives concerned with the rights of beneficiaries under trusts of land to occupy the home and an extension of the categories of person whose rights should be taken into account when reaching decisions on questions such as the sale of the home.