Part II E+W Powers of a Tenant for Life

Modifications etc. (not altering text)

C1 Part II saved by Trafalgar Estates Act 1947 (c. 34), s. 2(3) and Leasehold Reform Act 1967 (c. 88), s. 6(4); extended by Forestry Act 1967 (c. 10), s. 5(4), Sch. 2 para. 1

Provisions as to special classes of property E+W

65 Power to dispose of mansion. E+W

(1) The powers of disposing of settled land conferred by this Act on a tenant for life may be exercised as respects the principal mansion house, if any, on any settled land, and the pleasure grounds and park and lands, if any, usually occupied therewith:

Provided that those powers shall not be exercised without the consent of the trustees of the settlement or an order of the court—

(a) if the settlement is a settlement made or coming into operation before the commencement of this Act and the settlement does not expressly provide to the contrary; or

(b) if the settlement is a settlement made or coming into operation after the commencement of this Act and the settlement expressly provides that these powers or any of them shall not be exercised without such consent or order.

(2) Where a house is usually occupied as a farmhouse, or where the site of any house and the pleasure grounds and park and lands, if any, usually occupied therewith do not together exceed twenty-five acres in extent, the house is not to be deemed a principal mansion house within the meaning of this section, and may accordingly be disposed of in like manner as any other part of the settled land.