Land And Conveyancing Law Reform Act 2009

19.

Trustees of land.

19.— (1) The following persons are the trustees of a trust of land—

[SLA 1882, ss. 38, 39]

( a) in the case of a strict settlement, where it—

(i) exists at the commencement of this Part, the tenant for life within the meaning of the Settled Land Act 1882 together with any trustees of the settlement for the purposes of that Act,

(ii) is purported to be created after the commencement of this Part, the persons who would fall within paragraph (b) if the instrument creating it were deemed to be an instrument creating a trust of land,

( b) in the case of a trust of land created expressly—

(i) any trustee nominated by the trust instrument, but, if there is no such person, then,

(ii) any person on whom the trust instrument confers a present or future power of sale of the land, or power of consent to or approval of the exercise of such a power of sale, but, if there is no such person, then,

(iii) any person who, under either the trust instrument or the general law of trusts, has power to appoint a trustee of the land, but, if there is no such person, then,

(iv) the settlor or, in the case of a trust created by will, the testator’s personal representative or representatives,

( c) in the case of land vested in a minor before the commencement of this Part or purporting so to vest after such commencement, the persons who would fall within paragraph (b) if the instrument vesting the land were deemed to be an instrument creating a trust of land,

( d) in the case of land the subject of an implied, resulting, constructive or bare trust, the person in whom the legal title to the land is vested.

(2) For the purposes of—

( a) subsection (1)(a)(ii) and (1)(c), the references in subsection (1)(b) to “trustee” and “trustee of the land” include a trustee of the settlement,

( b) subsection (1)(b)(iii) a power to appoint a trustee includes a power to appoint where no previous appointment has been made.

(3) Nothing in this section affects the right of any person to obtain an order of the court appointing a trustee of land or vesting land in a person as trustee.