F3 FIRST SCHEDULE Forms of Instruments
F3Form No. 1 Vesting Deed for giving effect to a Settlement subsisting at the Commencement of this Act
This Vesting Deed is made [&c.] between X. of [&c.] and Y. of [&c.] (hereinafter called the trustees) of the one part and T.L. of [&c.] of the other part.
[Recite the Settlement under which T.L. is a tenant for life of full age in possession of the freeholds and leaseholds respectively described in the First and Second Schedules and has power to appoint new trustees, and the trustees are trustees for the purposes of the Settled Land Act, 1925, also the request by T.L. that the trustees should execute the requisite vesting deed.]
Now for giving effect to the requirements of the Settled Land Act, 1925, this deed witnesseth as follows:—
F31
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F32
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F33
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F34
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F35
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F36
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F3Form No. 2 Vesting Deed on the Settlement of Land
This Vesting Deed made [&c.] between John H. of [&c.] of the first part, Jane W. of [&c.] of the second part, andX. of [&c.], Y. of [&c.], and Z. of [&c.] (hereinafter called the trustees) of the third part.
Witnesseth and it is hereby declared as follows:—
F31
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F32
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F33
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F34
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F3Form No. 3 Trust Instrument of the Settlement of Land
This Trust Instrument is made [&c.] between John H. of [&c.] (hereinafter called the Settlor) of the first part, Jane W. of [&c.] of the second part, andX. of [&c.], Y. of [&c.], and Z. of [&c.] (hereinafter called the trustees) of the third part.
Whereas by a deed (herinafter called the Vesting Deed) bearing even date with but executed contemporaneously with these presents, and made between the same parties and in the same order as these presents, certain hereditaments situated at in the county of were vested in the Settlor Upon the trusts declared concerning the same by a trust instrument of even date therein referred to (meaning these presents).
Now in consideration of the intended marriage between the Settlor and Jane W., this Deed witnesseth as follows:—
F31
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F32
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F3Form No. 4 Subsidiary Vesting Deed on Sale when the Land is Purchased with Capital Money
This Subsidiary Vesting Deed is made [&c.] betweenHenry V. of [&c.] (hereinafter called the Vendor) of the first part,X. of [&c.], Y. of [&c.], and Z. of [&c.] (hereinafter called the trustees) of the second part, and John H. [&c.] (hereinafter called the Purchaser) of the third part.
Whereas the Vendor is entitled for an estate in fee simple in possession free from incumbrances to the hereditaments hereinafter conveyed and has agreed to sell the same to the Purchaser at the price of pounds.
And whereas by a principal vesting deed (hereinafter called the principal deed) dated [&c.], and made [&c.] [Form No. 2], certain hereditaments were vested in the Purchaser Upon the trusts of a trust instrument of even date therewith, and by [endorsements on] the principal deed the trustees were stated to be the trustees of the settlement for the purposes of the Settled Land Act, 1925.
Now this Deed witnesseth as follows:—
F31
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F32 and 3
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F3Form No. 5 Vesting Assent by Personal Representative
F31
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F32
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F33
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F34 and 5
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SECOND SCHEDULE Transitional Provisions affecting Existing Settlements
Paragraph 1 Provisions for vesting legal estate in tenant for Life or Statutory Owner
1
1
A settlement subsisting at the commencement of this Act is, for the purposes of this Act, a trust instrument.
2
As soon as practicable after the commencement of this Act, the trustees for the purposes of this Act of every settlement of land subsisting at the commencement of this Act (whether or not the settled land is already vested in them), may and on the request of the tenant for life or statutory owner, shall at the cost of the trust estate, execute a principal vesting deed (containing the proper statements and particulars) declaring that the legal estate in the settled land shall vest or is vested in the person or persons therein named (being the tenant for life or statutory owner, and including themselves if they are the statutory owners), and such deed shall (unless the legal estate is already so vested) operate to convey or vest the legal estate in the settled land to or in the person or persons aforesaid and, if more than one, as joint tenants.
3
If there are no trustees of the settlement then (in default of a person able and willing to appoint such trustees), an application shall be made to the court by the tenant for life or statutory owner, or by any other person interested, for the appointment of such trustees.
4
If default is made in the execution of any such principal vesting deed, the provisions of this Act relating to vesting orders of settled land shall apply in like manner as if the trustees of the settlement were persons in whom the settled land is wrongly vested.
5
This paragraph does not apply where, at the commencement of this Act, settled land is held at law or in equity in undivided shares vested in possession.
6
In the case of settlements subsisting at the commencement of this Act, all the estates, interests and powers thereby limited which are not by statute otherwise converted into equitable interests or powers, shall, as from the date of the principal vesting deed or the vesting order, take effect only in equity.
F1This sub-paragraph shall not apply to any legal estate or interest vested in a mortgagee or other purchaser for money or money’s worth.
7
This paragraph does not apply where settled land is vested in personal representatives at the commencement of this Act, or where settled land becomes vested in personal representatives before a principal vesting deed has been executed pursuant to this paragraph.
8
No ad valorem stamp duty shall be payable in respect of a vesting deed or order made for giving effect to an existing settlement.
Paragraph 2 Provisions where Settled Land is at commencement of Act vested in personal representatives
2
1
Where settled land remains at the commencement of this Act vested in the personal representatives of a person who dies before such commencement, or becomes vested in personal representatives before a principal vesting deed has been executed pursuant to the last preceding paragraph, the personal representatives shall hold the settled land on trust, if and when required so to do, to convey the same to the person who, under the trust instrument, or by virtue of this Act, is the tenant for life or statutory owner and, if more than one, as joint tenants.
2
A conveyance under this paragraph shall be made at the cost of the trust estate and may be made by an assent in writing signed by the personal representatives which shall operate as a conveyance. No stamp duty is payable in respect of a vesting assent.
3
The obligation to convey settled land imposed on the personal representatives by this paragraph is subject and without prejudice—
a
to their rights and powers for purposes of administration, and
b
to their being satisfied that provision has been or will be made for the payment of any unpaid death duties in respect of the land or any interest therein for which they are accountable, and any interest and costs in respect of such duties, or that they are otherwise effectually indemnified against such duties, interest and costs.
4
A conveyance under this paragraph shall—
a
if by deed, be a principal vesting deed, and
b
if by an assent, be a vesting assent, which shall contain the like statements and particulars as are required by this Act in the case of a principal vesting deed.
5
Nothing contained in this paragraph affects the rights of personal representatives to transfer or create such legal estates to take effect in priority to a conveyance under this paragraph as may be required for giving effect to the obligations imposed on them by statute.
6
A conveyance by personal representatives under this paragraph, if made by deed, may contain a reservation to themselves of a term of years absolute in the land conveyed upon trusts for indemnifying them against any unpaid death duties in respect of the land conveyed or any interest therein, and any interest and costs in respect of such duties.
7
Nothing contained in this paragraph affects any right which a person entitled to an equitable charge for securing money actually raised, and affecting the whole estate the subject of the settlement, may have to require effect to be given thereto by a legal mortgage, before the execution of a conveyance under this section.
Paragraph 3 Provisions as to Infants
3
1
Where, at the commencement of this Act, an infant is beneficially entitled to land in possession for an estate in fee simple or for a term of years absolute, or would, if of full age, be a tenant for life or have the powers of a tenant for life, the settled land shall, by virtue of this Act, vest in the trustees (if any) of the settlement upon such trusts as may be requisite for giving effect to the rights of the infant and other persons (if any) interested:
provided that, if there are no such trustees, then—
i
Pending their appointment, the settled land shall, by virtue of this Act, vest in the Public Trustee upon the trusts aforesaid:
ii
The Public Trustee shall not be entitled to act in the trust, or charge any fee, or be liable in any manner unless and until requested in writing to act on behalf of the infant by his parents or parent or testamentary or other guardian in the order named:
iii
After the Public Trustee has been so requested to act, and has accepted the trust, he shall become the trustee of the settlement, and no trustee shall (except by an order of the court) be appointed in his place without his consent:
iv
If there is no other person able and willing to appoint trustees the parents or parent or testamentary or other guardian of the infant, if respectively able and willing to act, shall (in the order named) have power by deed to appoint trustees of the settlement in place of the Public Trustee in like manner as if the Public Trustee had refused to act in the trust, and to vest the settled land in them on the trusts aforesaid, and the provisions of the M1Trustee Act, 1925, relating to the appointment of new trustees, and the vesting of trust property shall apply as if the persons aforesaid (in the order named) had been nominated by the settlement for the purpose of appointing new trustees thereof; and in default of any such appointment the infant by his next friend, may, at any time during the minority, apply to the court for the appointment of trustees of the settlement, and the court may make such order as it thinks fit, and if thereby trustees of the settlement are appointed, the settled land shall, by virtue of this Act, vest in the trustees as joint tenants upon the trusts aforesaid:
Provided that in favour of a purchaser a statement in the deed of appointment that the father or mother or both are dead or are unable or unwilling to make the appointment shall be conclusive evidence of the fact stated.
v
If land to which an infant is beneficially entitled in possession for an estate in fee simple or for a term of years absolute vests in the Public Trustee, but the Public Trustee does not become the trustee of the settlement, and trustees of the settlement are not appointed in his place, then, if and when the infant attains the age of twenty-one years, the land shall vest in him.
2
The provisions of this paragraph shall extend to the legal estate in the settled land, except where such legal estate is, at or immediately after the commencement of this Act, vested in personal representatives, in which case this paragraph shall have effect without prejudice to the provisions of paragraph two of this Schedule.
3
Where, at the commencement of this Act, any persons appointed under section sixty of the M2Settled Land Act, 1882, have power to act generally or for any specific purpose on behalf of an infant, then those persons shall, by virtue of this Act, become and be the trustees of the settlement.
4
Notwithstanding that the settled land is by virtue of this paragraph vested in the trustees of the settlement, they shall, at the cost of the trust estate, in accordance with this Act, execute a principal vesting deed declaring that the settled land is vested in them.
5
This paragraph does not apply where an infant is beneficially entitled in possession to land for an estate in fee simple or for a term of years absolute jointly with a person of full age (for which case provision is made in the M3Law of Property Act, 1925), but it applies to two or more infants entitled as aforesaid jointly.
6
This paragraph does not apply where an infant would, if of full age, constitute the tenant for life or have the powers of a tenant for life together with another person of full age, but it applies to two or more infants who would, if all of them were of full age, together constitute the tenant for life or have the powers of a tenant for life.
C5C6THIRD SCHEDULE
Power to extend Sch. 3 given by Agriculture Act 1967 (c. 22), s. 36(5) and Agriculture Act 1970 (c. 40), s. 30(1)
Sch. 3 extended by S.I. 1968/704
C1C2Part I Improvements, the costs of which are not liable to be replaced by Instalments
Sch. 3 Pt. I extended by Landlord and Tenant (War Damage) Act 1939 (c. 72), s. 3, Hill Farming Act 1946 (c. 73), s. 11 and S.I. 1951/1816 (1951 I, p. 45)
Sch. 3 Pt. I modified by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 89(1), 99, Sch. 13 para. 3
i
Drainage, including the straightening, widening, or deepening of drains, streams, and watercourses:
ii
Bridges:
iii
Irrigation; warping:
iv
Drains, pipes, and machinery for supply and distribution of sewage as manure:
v
Embanking or weiring from a river or lake, or from the sea, or a tidal water:
vi
Groynes; sea walls; defences against water:
vii
Inclosing; straightening of fences; re-division of fields:
viii
Reclamation; dry warping:
ix
Farm roads; private roads; roads or streets in villages or towns:
x
Clearing; trenching; planting:
xi
Cottages for labourers, farm-servants, and artisans, employed on the settled land or not:
xii
Farmhouses, offices, and outbuildings, and other buildings for farm purposes:
xiii
Saw-mills, scutch-mills, and other mills, water-wheels, engine-houses, and kilns, which will increase the value of the settled land for agricultural purposes or as woodland or otherwise:
xiv
Reservoirs, tanks, conduits, watercourses, pipes, wells, ponds, shafts, dams, weirs, sluices, and other works and machinery for supply and distribution of water for agricultural, manufacturing, or other purposes, or for domestic or other consumption:
xv
Tramways; railways; canals; docks:
xvi
Jetties, piers, and landing places on rivers, lakes, the sea, or tidal waters, for facilitating transport of persons and of agricultural stock and produce, and of manure and other things required for agricultural purposes, and of minerals, and of things required for mining purposes:
xvii
Markets and market-places:
xviii
Streets, roads, paths, squares, gardens, or other open spaces for the use, gratuitously or on payment, of the public or of individuals, or for dedication to the public, the same being necessary or proper in connexion with the conversion of land into building land:
xix
Sewers, drains, watercourses, pipe-making, fencing, paving, brick-making, tile-making, and other works necessary or proper in connexion with any of the objects aforesaid:
xx
Trial pits for mines, and other preliminary works necessary or proper in connexion with development of mines:
xxi
Reconstruction, enlargement, or improvement of any of those works:
xxii
The provision of small dwellings, either by means of building new buildings or by means of the reconstruction, enlargement, or improvement of existing buildings, if that provision of small dwellings is, in the opinion of the court, not injurious to the settled land or is agreed to by the tenant for life and the trustees of the settlement:
xxiii
Additions to or alterations in buildings reasonably necessary or proper to enable the same to be let:
xxiv
Erection of buildings in substitution for buildings within an urban sanitary district taken by a local or other public authority, or for buildings taken under compulsory powers, but so that no more money be expended than the amount received for the buildings taken and the site thereof:
xxv
The rebuilding of the principal mansion house on the settled land:
provided that the sum to be applied under this head shall not exceed one-half of the annual rental of the settled land.
C3C4Part II Improvements, the Costs of which the Trustees of the Settlement or the Court may require to be replaced by Instalments
Sch. 3 Pt. II extended by Town and Country Planning Act 1971 (c. 78), s. 275(2)
i
Residential houses for land or mineral agents, managers, clerks, bailiffs, woodmen, gamekeepers and other persons employed on the settled land, or in connexion with the management or development thereof:
ii
Any offices, workshops and other buildings of a permanent nature required in connexion with the management or development of the settled land or any part thereof:
iii
The erection and building of dwelling houses, shops, buildings for religious, educational, literary, scientific, or public purposes, market places, market houses, places of amusement and entertainment, gasworks, electric light or power works, or any other works necessary or proper in connexion with the development of the settled land, or any part thereof as a building estate:
iv
Restoration or reconstruction of buildings damaged or destroyed by dry rot:
v
Structural additions to or alterations in buildings reasonably required, whether the buildings are intended to be let or not, or are already let:
vi
Boring for water and other preliminary works in connexion therewith.
Part III Improvements, the Costs of which the Trustees of the Settlement and the Court must require to be replaced by Instalments
i
Heating, hydraulic or electric power apparatus for buildings, and engines, pumps, lifts, rams, boilers, flues, and other works required or used in connexion therewith:
ii
Engine houses, engines, gasometers, dynamos, accumulators, cables, pipes, wiring, switchboards, plant and other works required for the installation of electric, gas, or other artificial light, in connexion with any principal mansion house, or other house or buildings; but not electric lamps, gas fittings, or decorative fittings required in any such house or building:
iii
Steam rollers, traction engines, motor lorries and moveable machinery for farming or other purposes.
F4FOURTH SCHEDULE Retrospective Amendments of the Settled Land Acts, 1882 to 1890
Sch. FOURTH repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 12
F4F4...
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F4
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F4
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4
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F45 Powers on sale, &c.
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F46 Sale of timber and fixtures at a valuation.
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F47 Raising of money.
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F48 Provision where interest in settled land is restored.
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F49 Referential settlements.
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F410 Application of capital money.
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F411 As to capital arising otherwise than under the Settled Land Acts.
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F412 power for Public Trustee to give receipts and accept notices.
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F413 Assignments of tenant for life’s interest.
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F414 As to base fees.
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15F4Amendment of s. 58(1)(ix) of the Act of 1882.
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16F4...
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Fifth Schedule . . . F2
Sch. 5 repealed by Statute Law Revision Act 1950 (14 Geo. 6 c. 6)
Sch. FIRST repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 12