Question 1

it has been possible to create new settlements within the ambit of the Settled Land Act 1925 after 1 January 1997.

Accepted Answer

After 1 January 1997, it became impossible to create new settlements under the Settled Land Act 1925 due to the Trusts of Land and Appointment of Trustees Act 1996, which replaced the Settled Land Act 1925.

Question 2

Under which of the following sections of the Settled Land Act 1925 does the tenant for life gain a power to exchange the settled land for other land?

Accepted Answer

Section 38 of the Settled Land Act 1925 grants the tenant for life the power to exchange settled land for other land, facilitating the management and improvement of the estate.

Question 3

Which section of Trusts of Land and Appointment of Trustees Act 1996 would be used by the trustees to ensure that the current life tenant pays the expenses in relation to the land?

Accepted Answer

Section 13 of the Trusts of Land and Appointment of Trustees Act 1996 allows trustees to impose conditions on the beneficiary's occupation of the land, including the payment of expenses related to the land.

Question 4

If a tenant for life dies and the land remains settled, who becomes legal owner of the land immediately following the death under the Settled Land Act 1925?

Accepted Answer

The trustees of the settlement become the legal owners of the land immediately following the death of a tenant for life under the Settled Land Act 1925. This is because the Act provides for the management and administration of settled land by trustees, ensuring the continuity of ownership and management within the framework of the settlement.

Question 5

In which of the following situations does a tenant not have to give notice to the trustees of the settlement under the Settled Land Act 1925?

Accepted Answer

Under the Settled Land Act 1925, tenants are required to give notice to the trustees of the settlement when making significant changes to the property or its ownership structure, such as sales, granting options, or creating charges against the property. However, conducting rebuilding works on the land itself does not typically require notice to the trustees, as it is considered a part of the ordinary management and maintenance of the property rather than a change in its ownership or financial encumbrance.

Question 6

Which sections of Trusts of Land and Appointment of Trustees Act 1996 allow the settlor to ensure that the consent of the equitable owners is required before the trustees can exercise their powers?

Accepted Answer

Section 8 of the Trusts of Land and Appointment of Trustees Act 1996 allows the settlor to direct that trustees must obtain the consent of the beneficiaries (equitable owners) before exercising any of their functions relating to the land.

Question 7

Does overreaching still operate where there are two trustees and an equitable owner, but the equitable owner has a life interest?

Accepted Answer

The answer of Does overreaching still operate where there are...

Question 8

Under the Settled Land Act 1925, in whom is the legal title vested?

Accepted Answer

The answer of Under the Settled Land Act 1925, in...

Question 9

What is the effect of section 18 Settled Land Act 1925?

Accepted Answer

The answer of What is the effect of section 18...

Question 10

Can the interests of a beneficiary under a settlement governed by the Settled Land Act 1925 be an overriding interest? Justify your answer by reference to the statutory provisions.

Accepted Answer

The answer of Can the interests of a beneficiary under...

Question 11

If the interest of a life tenant is overreached, how is their life interest 'compensated' out of the proceeds of sale?

Accepted Answer

The answer of If the interest of a life tenant...

Question 12

What is meant by the trust instrument and the vesting deed in the case of a settlement between 1925 and 1997?

Accepted Answer

The answer of What is meant by the trust instrument...

Question 13

By what method is the preference of the beneficiaries calculated under section 11 Trusts of Land and Appointment of Trustees Act 1996 - according to the number in favour of an action, or according to the total percentage of the property that each beneficiary has?

Accepted Answer

The answer of By what method is the preference of...

Question 14

If there are no trustees is a tenant for life able to sell the property?

Accepted Answer

The answer of If there are no trustees is a...

Question 15

Which section of Trusts of Land and Appointment of Trustees Act 1996 gives a life tenant a right to occupy the property?

Accepted Answer

Section 12 of the Trusts of Land and Appointment of Trustees Act 1996 gives a beneficiary, including a life tenant, the right to occupy the property, subject to certain conditions.

Question 16

What mechanism would be used to protect the beneficiaries' interests against purchasers and ensure they give their consent before the trustees sold the land, for example, in cases where their consent was required?

Accepted Answer

A restriction is used to ensure that certain actions, such as the sale of land, cannot occur without the consent of specified parties, in this case, the beneficiaries. This mechanism is placed on the register of the title to the land and serves to protect the beneficiaries' interests by requiring their consent before the trustees can sell the land.

Question 17

life tenants and persons entitled in remainder who are not the trustees of land have equitable interests.

Accepted Answer

Life tenants and persons entitled in remainder have equitable interests because their rights are recognized and protected in equity, rather than being legal interests directly in the property itself. These interests are typically created through trusts, where the legal title is held by trustees.

Question 18

trustees of land over which there are successive interests can use section 14 Trusts of Land and Appointment of Trustees Act 1996 as a means to regulate disputes.

Accepted Answer

Section 14 of the Trusts of Land and Appointment of Trustees Act 1996 allows any person who is entitled to or has an interest in property subject to a trust of land to apply to the court for an order relating to the exercise of the trustees' functions. This can be used as a means to resolve disputes among those with interests in the land.

Question 19

a tenant for life under the Settled Land Act 1925 can release his powers (contrast with his beneficial interest)

Accepted Answer

The answer of a tenant for life under the Settled...

Question 20

the trustees of land over which there is a trust concerning successive ownership governed by Trusts of Land and Appointment of Trustees Act 1996 are subject to the normal trust duties.

Accepted Answer

The trustees of land, even when the land is subject to a trust concerning successive ownership, are still governed by the Trusts of Land and Appointment of Trustees Act 1996 in England and Wales, which means they are subject to the normal duties and responsibilities that apply to trustees, such as acting in the best interest of the beneficiaries, avoiding conflicts of interest, and managing the trust property responsibly.

Quiz 5: Successive Interests in Land