Right to occupy under a trust of land: muddled legislative logic?

Pascoe, Susan (2006) Right to occupy under a trust of land: muddled legislative logic? The Conveyancer and Property Lawyer, 70 . pp. 54-78. ISSN 0010-8200

[img] PDF - Published Version
Restricted to Repository staff and depositor only

824kB

Official URL: http://tinyurl.com/6xu8eeu

This item is available in the Library Catalogue

Abstract

Reflects on whether a rational foundation exists for the right of occupation granted to beneficiaries under a trust of land by the Trusts of Land and Appointment of Trustees Act 1996. Reviews the historical background to the right, the advantages of its statutory basis and factors which suggest the absence of any underlying doctrinal cohesiveness, including the Act's failure to provide a definition of "unsuitable for occupation". Examines case law on the extent to which the right is underpinned by three conflicting principles of beneficiary autonomy, various aspects of trustee authoritarianism and settlor interposition. Compares the right to occupy the matrimonial home under the Family Law Act 1996 s.30 and suggests possible options for reform.

Item Type:Article
Research Areas:School of Law > Law and Politics
ID Code:183
Useful Links:
Deposited On:24 Oct 2008 14:29
Last Modified:13 Oct 2014 16:59

Repository staff only: item control page

Full text downloads (NB count will be zero if no full text documents are attached to the record)

Downloads per month over the past year