Trusts of land

Trusts of land

Trusts of Land and Appointment of Trustees Act 1996

The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) came into force on 1 January 1997. Under it the:

•
trust for sale is replaced by the trust of land
•
doctrine of conversion is abolished
•
trustees and the beneficiaries are given additional powers and rights in relation to the trust property
•
court is given enhanced powers to make orders in relation to the trust
•
beneficiaries are given powers to remove and appoint new trustees

See Practice Note: Trusts of Land and Appointment of Trustees Act 1996.

Trusts of land—preliminary issues

Under the provisions of TOLATA 1996, s 14 the court is able to make orders:

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

While TOLATA

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