Living in a policy state: from trust for sale to trust of land

Fox, Lorna

doi:10.1023/a:1026540104646

Living in a policy state: from trust for sale to trust of land

Fox, Lorna

Authors

Lorna Fox

Contributors

L Fox O'Mahony dla0lf@durham.ac.uk
Other

Abstract

The Trusts of Land and Appointment of Trustees Act 1996 has transformed the nature of co-ownership interests in land. The trust for sale, which governed dealings in co-owned property under the Law of Property Act 1925, and which made sale the presumptive object of co-ownership, has been replaced by a trust of land, under which co-owners retain an interest in the land itself, rather than its capital value. This article considers the likely impact of this legislative policy departure, particularly in relation to the court's willingness to grant an order for the sale of co-owned property on application by a creditor, and against the wishes of anon-debtor co-owner occupier.

Citation

Fox, L. (2000). Living in a policy state: from trust for sale to trust of land. Liverpool Law Review, 22(1), 59-88. https://doi.org/10.1023/a%3A1026540104646

Journal Article Type	Article
Publication Date	Jan 1, 2000
Deposit Date	Jul 13, 2011
Publicly Available Date	Aug 10, 2011
Journal	Liverpool Law Review
Print ISSN	0144-932X
Electronic ISSN	1572-8625
Publisher	Springer
Peer Reviewed	Peer Reviewed
Volume	22
Issue	1
Pages	59-88
DOI	https://doi.org/10.1023/a%3A1026540104646
Keywords	Co-ownership, Creditors, Insolvency, Judicial discretion.