Defines 'purchaser' and 'the court' - TOLATA 1996 s. 23
Defines 'purchaser' as in Law of Property Act 1925; other expressions from that Act have same meaning; 'the court' means High Court or county court.
In this Act “ purchaser ” has the same meaning as in Part I of the Law of Property Act 1925. Subject to that, where an expression used in this Act is given a meaning by the Law of Property Act 1925 it has the same meaning as in that Act unless the context otherwise requires. In this Act “ the court ” means— the High Court, or the county court .
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 tells you what certain words mean when you read the Trusts of Land and Appointment of Trustees Act 1996.
The word 'purchaser' has the same meaning as it has in Part I of the Law of Property Act 1925. Any other expression that is defined in the Law of Property Act 1925 carries that same meaning in this Act, unless the context requires a different interpretation.
The term 'the court' means either the High Court or the county court. This section does not create any rights or duties – it only provides definitions for other sections of the Act.
When it applies
- When a section of TOLATA uses the word 'purchaser', you look to this section to know who qualifies.
- When a dispute arises about whether someone is a 'purchaser' under section 16 (protection of purchasers), this section defines it.
- When determining which court has jurisdiction to hear an application under section 14, this section tells you it can be the High Court or the county court.
- When an expression like 'trust for sale' appears in TOLATA, this section says to use the definition from the Law of Property Act 1925.
What this section does not say
- This section does not define 'beneficiary' – that is in section 22.
- It does not define 'trust of land' – that is in section 1 (not listed in this code).
- It does not set out any rights or obligations – only definitions.
- It does not specify which county court – any county court qualifies.
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. 23 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.