Right to occupy under a trust of land muddled legislative logic
Pascoe, Susan
Right to occupy under a trust of land muddled legislative logic - 2006 - Conveyancer and Property Lawyer 70 January/February 2006, 54-77(24) .
Analyses the new statutory right to occupy for a beneficiary entitled under a trust of land. This right was introduced for the first time in English law by of the Trusts of Law and Appointment of Trustees Act 1996 s12. The article looks at a variety of perspectives: the underlying foundation of the right, the lack of comprehensive doctrinal cohesion, whether the nature of the entitlement is beneficiary autonomy, trustee authoritarianism or settler interposition, existing provision and suggestions for reform. It is argued that the new statutory right is a cross-fertilisation of ideas implemented without concrete policy considerations.
Right to occupy under a trust of land muddled legislative logic - 2006 - Conveyancer and Property Lawyer 70 January/February 2006, 54-77(24) .
Analyses the new statutory right to occupy for a beneficiary entitled under a trust of land. This right was introduced for the first time in English law by of the Trusts of Law and Appointment of Trustees Act 1996 s12. The article looks at a variety of perspectives: the underlying foundation of the right, the lack of comprehensive doctrinal cohesion, whether the nature of the entitlement is beneficiary autonomy, trustee authoritarianism or settler interposition, existing provision and suggestions for reform. It is argued that the new statutory right is a cross-fertilisation of ideas implemented without concrete policy considerations.