Powers of trustees of land TOLATA 1996 s. 6
Trustees of land have all the powers of an absolute owner when managing land, subject to beneficiaries' rights and legal limits under TOLATA 1996 s. 6.
For the purpose of exercising their functions as trustees, the trustees of land have in relation to the land subject to the trust all the powers of an absolute owner. Where in the case of any land subject to a trust of land each of the beneficiaries interested in the land is a person of full age and capacity who is absolutely entitled to the land, the powers conferred on the trustees by subsection (1) include the power to convey the land to the beneficiaries even though they have not required the trustees to do so; and where land is conveyed by virtue of this subsection— the beneficiaries shall do whatever is necessary to secure that it vests in them, and if they fail to do so, the court may make an order requiring them to do so. The trustees of land have power to acquire land under the power conferred by section 8 of the Trustee Act 2000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In exercising the powers conferred by this section trustees shall have regard to the rights of the beneficiaries. The powers conferred by this section shall not be exercised in contravention of, or of any order made in pursuance of, any other enactment or any rule of law or equity. The reference in subsection (6) to an order includes an order of any court or of the Charity Commission . Where any enactment other than this section confers on trustees authority to act subject to any restriction, limitation or condition, trustees of land may not exercise the powers conferred by this section to do any act which they are prevented from doing under the other enactment by reason of the restriction, limitation or condition. The duty of care under section 1 of the Trustee Act 2000 applies to trustees of land when exercising the powers conferred by this section.
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
Trustees of land hold broad management powers over trust property. For the purpose of exercising their functions as trustees, they possess all the powers of an absolute owner, allowing them to perform acts such as selling, leasing, or mortgaging the property.
Where all beneficiaries are of full age and capacity and absolutely entitled to the land, trustees may convey legal title directly to them even without a request. Beneficiaries must complete necessary steps to vest title in themselves, and a court can order them to do so if they fail to comply.
Trustees must have regard to the rights of beneficiaries and satisfy their statutory duty of care under section 1 of the Trustee Act 2000. They cannot exercise their powers in breach of other legal enactments, court orders, Charity Commission orders, or legal rules.
When it applies
- Co-owners acting as trustees deciding whether to grant a lease or easement over joint residential land.
- Trustees transferring title directly to adult beneficiaries who are absolutely entitled to the whole estate.
- Trustees acquiring additional land for trust investment as allowed under section 8 of the Trustee Act 2000.
- Trustees taking out a mortgage on trust property while considering the rights and interests of the beneficiaries.
What this section does not say
- Disputes over whether a court should force the sale of co-owned land when owners disagree.
- Restricting or excluding trustee powers through express terms in a trust deed, which is covered under section 8.
- Delegating trustee functions to beneficiaries or attorneys.
Related sections
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This page reproduces the text of TOLATA 1996 s. 6 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.