Land Law solve the problem with Sunnydale Cottage Essay

Land Law solve the problem with Sunnydale Cottage - Essay Example †¢In May 2006, Charlotte went abroad for a few months on holiday. She sent post cards to each of the other inhabitants of Sunnydale Cottage saying that she had met Costas, a Greek waiter, and wanted to marry him. Accordingly, she notified them all that â€Å"My one fifth share in Sunnydale Cottage is to be ring-fenced and should anything happen to me Costas is to get it.† The postcard to Barbara was lost in the post and never delivered. Charlotte has tried of Costas and has now returned to live in Sunnydale Cottage. The TLATA avoids this problem as there is no duty to sell under a trust of land, merely a power of sale. All land subject to a trust will be held on a "trust of land" (TLATA s 1). Existing settlements are excluded, but land already held on express or implied trusts for sale are included within the provision. Although it is still possible to create express trusts for sale, as a subset of the trust of land, this will rarely be appropriate for domestic situations, and even here the power to postpone sale cannot be excluded. This means that there is no longer a problem posed by an imperative duty to sell, in situations where that was the last thing intended. One of the most important features of the TLATA is the nature of the trust of land. No longer is there a duty on the trustees to sell the land, there is simply a power to do so if desired. This perhaps reflects the fact that the reasons why trusts are set up nowadays are not the same as in 1925. The trustees of land, when exercising any function relating to the land subject of the trust, are now under a duty (as far as practicable) to consult with beneficiaries of full age and beneficially entitled to an interest in possession in the land. They must give effect to the wishes of those beneficiaries, so far as they are consistent with the general interest of the trust. If there is a dispute among the