Consent requirements for trust land TOLATA 1996 s. 10
In favour of a purchaser, consent from any two named persons suffices if a trust requires more, and parents act for minors. TOLATA 1996 s. 10.
If a disposition creating a trust of land requires the consent of more than two persons to the exercise by the trustees of any function relating to the land, the consent of any two of them to the exercise of the function is sufficient in favour of a purchaser. Subsection (1) does not apply to the exercise of a function by trustees of land held on charitable, ecclesiastical or public trusts. Where at any time a person whose consent is expressed by a disposition creating a trust of land to be required to the exercise by the trustees of any function relating to the land is not of full age— his consent is not, in favour of a purchaser, required to the exercise of the function, but the trustees shall obtain the consent of a parent who has parental responsibility for him (within the meaning of the Children Act 1989) or of a guardian of his.
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
When a trust document creating a trust of land requires the consent of more than two people before trustees can exercise a function—such as selling or mortgaging the property—obtaining consent from any two of those people is legally sufficient to protect a buyer.
This statutory protection for purchasers does not apply to land held under charitable, ecclesiastical, or public trusts. Furthermore, if a person whose consent is required is not of full age, their consent is not required in favour of a purchaser, but the trustees must instead obtain consent from a parent who has parental responsibility under the Children Act 1989 or from a guardian.
When it applies
- A trust deed requires four family members to consent before trustees sell a house, but only two sign the consent for the buyer.
- Trustees sell property where one of the consent-holders named in the trust deed is a child under full age.
- A purchaser buys land from trustees and needs to ensure that consent requirements under the trust disposition have been validly met.
What this section does not say
- General obligations of trustees to consult beneficiaries, which are governed by TOLATA 1996 s. 11.
- Court applications to resolve disputes or dispense with consent, governed by TOLATA 1996 s. 14.
- Sales or dispositions involving charitable, ecclesiastical, or public trusts, which are excluded from this provision.
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This page reproduces the text of TOLATA 1996 s. 10 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.