This Section contains the basic definition of the expressions "trust of land" and "trustees of land". A trust of land is any trust of property which consists of or includes land (other than land held on the trusts of an existing settlement to which the Settled Land Act 1925 applies), and the trustees of such a trust are trustees of land. For certain purposes trustees of the proceeds of sale of land and personal representatives have the powers of trustees of land -- see Sections 17 and 18 -- but although the former will become trustees of land if they acquire land, the latter cannot be trustees of land. If the property subject to a trust has never included land or its proceeds of sale the trust will not be a trust of land and its trustees will not have the powers conferred by the Act.

A "trust" for the purposes of sub-section (1)(a) is defined as meaning any description of trust, including an implied resulting or constructive trust and a bare trust. It is not clear whether "trust" (used by itself) has a similar meaning elsewhere in the Act.

The expression "land" is not defined in the Act but Section 23(2) provides that where an expression is defined by the Law of Property Act it is to have the same meaning in this Act. Section 205(1)(ix) of the 1925 Act provides a wide definition of "land" which includes land of any tenure and property divided either vertically or horizontal (as in the case of a block of flats) and easements, but does not include an undivided share in land. So if after the commencement of the Act A settles land on B and C, and B settles his undivided share under that settlement on trust for D and E, it would seem that until A's Trustees either sell or partition the land B's settlement will not be a trust of land.

"Land" does not include land which is settled land for the purposes of the Settled Land Act 1925 or to which the Universities and College Estates Act 1925 applies. "Settled land" is defined in Section 2 of the Settled Land Act 1925 as land which is subject or deemed to be subject to a settlement--as to which see Section 2 below.