Q&As

Is there a minimum number of trustees needed for a trust of land? Section 27 of the Law of Property Act 1925 states that two are needed for a valid receipt of purchase monies but while the property remains unsold, is one trustee able to act or should another be appointed?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 29/07/2020

The following Property Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Is there a minimum number of trustees needed for a trust of land? Section 27 of the Law of Property Act 1925 states that two are needed for a valid receipt of purchase monies but while the property remains unsold, is one trustee able to act or should another be appointed?

Where there is more than one beneficial owner of real property, or where the beneficial owner differs from the legal owner, a trust of land will arise: section 4 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), which converts the trust for sale into a trust of land, and section 1 of the Law of Property Act 1925 (LPA 1925). This means that the legal owner or owners will hold the legal interest in the property on trust for the beneficial owner or owners. There can be only four trustees (ie legal owners) of a trust of land—LPA 1925, s 34(2) and section 34(2) of the Trustee Ac

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