Meaning of 'trust of land' TOLATA 1996 s.1
Defines 'trust of land' in TOLATA 1996 as any trust including land, covering express, implied, resulting, constructive trusts, but excluding settled land.
In this Act— “ trust of land ” means (subject to subsection (3 any trust of property which consists of or includes land, and “ trustees of land ” means trustees of a trust of land. The reference in subsection (1)(a) to a trust— is to any description of trust (whether express, implied, resulting or constructive), including a trust for sale and a bare trust, and includes a trust created, or arising, before the commencement of this Act. The reference to land in subsection (1)(a) does not include land which (despite section 2) is settled land or which is land to which the Universities and College Estates Act 1925 applies.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section defines what the Act means by a 'trust of land'. It covers any trust that includes land, regardless of how the trust was created: express trusts (explicitly made), implied trusts (inferred from circumstances), resulting trusts (where property returns to the provider), or constructive trusts (imposed by courts to prevent injustice). It also includes trusts for sale (where trustees must sell the land) and bare trusts (where the trustee has no active duties). The definition applies even to trusts created before the Act came into force.
However, the definition is subject to subsection (3) and excludes certain land: it does not apply to settled land under the Settled Land Act 1925 or land to which the Universities and College Estates Act 1925 applies. This means those types of land are not governed by TOLATA's rules on trusts of land.
When it applies
- A couple buys a house together as joint tenants.
- A parent transfers land to a child who holds it for the parent's benefit (resulting trust).
- A will creates a trust for sale of a farm.
- A friend holds the legal title to a flat for you with no active duties (bare trust).
What this section does not say
- This section does not apply to settled land under the Settled Land Act 1925 – that is governed by separate rules.
- It does not apply to land held by universities under the Universities and College Estates Act 1925.
- It does not by itself give any rights to occupy or manage the land – those are found in later sections like s.12 and s.13.
Related sections
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of TOLATA 1996 s. 1 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.