Trusts of land—preliminary issues

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Published by a LexisNexis Private Client expert
Practice notes

Trusts of land—preliminary issues

Copyright © 2025 LexisNexis

Published by a LexisNexis Private Client expert

Practice notes
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Under the provisions of section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), the court is able to make orders:

  1. •

    relating to the exercise by the trustees of any of their functions, including an order relieving them of any obligation to obtain the consent of or consult with any person in connection with the exercise of any of their functions, or

  2. •

    declaring the nature or extent of a person's interest in property subject to the trust

While TOLATA 1996, s 6 provides the trustees of a Trust of Land with the powers of an absolute owner (subject to restrictions as to consultation, consent and occupation), the court has all the powers of an absolute owner but without the restrictions attached to trustees. However, the court may not alter the beneficial interests that exist, nor make an order for the removal or appointment of trustees.

Pre-action Conduct and Protocols

There is no specific pre-action protocol relating to claims under TOLATA 1996 but the parties should have regard to Practice Direction

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Jurisdiction(s):
United Kingdom
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Appointment definition
What does Appointment mean?

The agreement entered into between a consultant and employer specifying the services to be performed by the consultant and the legal rights and obligations of both parties. A consultant may be appointed by deed, contracts under hand or by letter. A consultant’s appointment may be based on an industry standard form of appointment or be a bespoke document.

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