TOLATA 1996 s.24 – Crown bound, but descent exempt
TOLATA 1996 s.24: Act binds Crown but exempts descent/devolution of Crown/Duchy estates (except undivided shares & joint ownership).
Subject to subsection (2), this Act binds the Crown. This Act (except so far as it relates to undivided shares and joint ownership) does not affect or alter the descent, devolution or nature of the estates and interests of or in— land for the time being vested in Her Majesty in right of the Crown or of the Duchy of Lancaster, or land for the time being belonging to the Duchy of Cornwall and held in right or respect of the Duchy.
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
Section 24 says that the Trusts of Land and Appointment of Trustees Act 1996 applies to the Crown. That means the Crown must follow the Act's rules like any other person, unless a specific exception applies.
The exception is that the Act does not change the way Crown estates are inherited or pass on death (descent, devolution, or nature) for three categories of land: land held by Her Majesty in right of the Crown, land held in right of the Duchy of Lancaster, and land belonging to the Duchy of Cornwall held in right of that Duchy. This exception itself has an exception: it does not apply to parts of the Act that deal with undivided shares and joint ownership. So for those types of Crown land, the Act's rules on descent may still apply.
The provision also starts with "Subject to subsection (2)", meaning there is a further qualification not reproduced here that limits how the Act binds the Crown.
When it applies
- A trust of land includes a freehold estate that is part of the Crown Estate; the trustees want to sell it under TOLATA powers.
- The Duchy of Lancaster holds land in trust for the Monarch; beneficiaries of a trust that includes that land seek to exercise rights under TOLATA.
- Land belonging to the Duchy of Cornwall is held in right of the Duchy; trustees want to partition the land under section 7.
- A trust of land involves undivided shares held by the Crown in joint tenancy; the trustees need to know if the Act's descent rules apply.
What this section does not say
- People might think section 24 gives the Crown absolute immunity from TOLATA, but it generally binds the Crown.
- People might think it covers the Monarch's private estates like Balmoral or Sandringham, but those are not vested in right of the Crown or Duchies.
- People might think it allows the Crown to veto trust decisions, but it only preserves descent rules.
- People might think it deals with Crown liability for trust mismanagement, which it does not.
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. 24 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.