The New Land Law

Table of Contents
Index
Commentary on Section 9
Commentary on Section 11

 

Section 10. Consents.

Section 10 (which replaces Section 26(1) of the Law of Property Act 1925) restricts the power to require consents to a transaction relating to the land. If the consent of more than two persons is required by the "disposition" creating the trust, the consent of any two of them is sufficient in favour of a purchaser from the trustees (unless the trustees are trustees of land held on charitable, ecclesiastical or public trusts). This provision however only affects a purchaser. It does not remove from the trustees their duty to obtain the consents of all the persons named. So far as a purchaser is concerned, the consent of an infant is not required. However the Trustees must obtain the consent of the parent or guardian of such infant and will be in breach of trust if they fail to do so.

For the meaning of "disposition" see the comments on Section 8 above.

The Court has power under Section 14(2) to relieve the trustees of the need to obtain the consent of any beneficiary to such a transaction.

 


Commentary on Section 11