ToLATA 1996 Update - St John's Chambers.
Advise Martin on his family’s possibilities for remaining in occupation of the property.Second this essay will critically discuss how the introduction of the Trusts of Land and Appointment of Trustees Act (TOLATA 1996) has extended the powers of trustees of land and provided greater protection to beneficial co-owners of property.Section 12 of TOLATA 1996 confers a right to occupy where the purposes of e trust include making the property available for such occupation or where the lands is held by the trustees so as to be so available. No right arises where the land is unavailable or unsuitable for occupation.
S.14 of TOLATA 1996 lets anybody who has any type of interest in trust property to make an application for sale. In practicality, Mary can apply to the court to prevent John selling the house, or John can apply for the court to grant permission for sale. Even a potential purchaser wishing to buy the house can apply.There are currently no known outstanding effects for the Trusts of Land and Appointment of Trustees Act 1996. Changes to Legislation Revised legislation carried on this site may not be fully up to date.
Sayles: Land Law Concentrate 4e Chapter 9: Outline answers to essay questions. The provisions contained within the Trusts of Land and Appointment of Trustees Act 1996 now makes sure that a correct balance is achieved between the rights of trustees and those of beneficiaries under a trust.
