Land And Conveyancing Law Reform Act 2009

PART 4

Trusts of Land

18.

Trusts of land.

18.— (1) Subject to this Part, where land is—

[[SLA 1882, ss. 2, 59, 60]

( a) for the time being limited by an instrument, whenever executed, to persons by way of succession without the interposition of a trust (in this Part referred to as a “strict settlement”), or

( b) held, either with or without other property, on a trust whenever it arises and of whatever kind, or

( c) vested, whether before or after the commencement of this Part, in a minor,

there is a trust of land for the purposes of this Part.

(2) For the purposes of—

( a) subsection (1)(a), a strict settlement exists where an estate or interest in reversion or remainder is not disposed of and reverts to the settlor or the testator’s successors in title, but does not exist where a person owns a fee simple in possession,

( b) subsection (1)(b), a trust includes an express, implied, resulting, constructive and bare trust and a trust for sale.

(3) Subject to this Part, a trust of land is governed by the general law of trusts.

(4) Conversion of a life estate into an equitable interest only does not affect a life owner’s liability for waste.

[LEA 1695]

(5) Where, by reason of absence from the State or otherwise, it remains uncertain for a period of at least 7 years as to whether a person upon whose life an estate or interest depends is alive, it shall continue to be presumed that the person is dead.

(6) If such presumption is applied to a person but subsequently rebutted by proof to the contrary, that person may bring an action for damages or another remedy for any loss suffered.

(7) In dealing with an action under subsection (6), the court may make such order as appears to it to be just and equitable in the circumstances of the case.

(8) Any party to a conveyance shall, unless the contrary is proved, be presumed to have attained full age at the date of the conveyance.

(9) This Part does not apply to land held directly for a charitable purpose and not by way of a remainder.