Law of Property Act 1925

28 Powers of management, &c. conferred on trustees for sale. E+W

(1) Trustees for sale shall, in relation to land or to manorial incidents and to the proceeds of sale, have all the powers of a tenant for life and the trustees of a settlement under the M1 Settled Land Act, 1925, including in relation to the land the powers of management conferred by that Act during a minority: [F1 and where by statute settled land is or becomes vested in the trustees of the settlement upon the statutory trusts, such trustees and their successors in office, shall also have all the additional or larger powers (if any) conferred by the settlement on the tenant for life, statutory owner, or trustees of the settlement] and (subject to any express trust to the contrary) all capital money arising under the said powers shall, unless paid or applied for any purpose authorised by the Settled Land Act, 1925, be applicable in the same manner as if the money represented proceeds of sale arising under the trust for sale.

All land acquired under this subsection shall be conveyed to the trustees on trust for sale.

The powers conferred by this subsection shall be exercised with such consents (if any) as would have been required on a sale under the trust for sale, and when exercised shall operate to overreach any equitable interests or powers which are by virtue of this Act or otherwise made to attach to the net proceeds of sale as if created by a trust affecting those proceeds.

(2) Subject to any direction to the contrary in the disposition on trust for sale or in the settlement of the proceeds of sale, the net rents and profits of the land until sale, after keeping down costs of repairs and insurance and other outgoings shall be paid or applied, except so far as any part thereof may be liable to be set aside as capital money under the M2 Settled Land Act, 1925, in like manner as the income of investments representing the purchase money would be payable or applicable if a sale had been made and the proceeds had been duly invested.

(3) Where the net proceeds of sale have under the trusts affecting the same become absolutely vested in persons of full age in undivided shares (whether or not such shares may be subject to a derivative trust) the trustees for sale may, with the consent of the persons, if any, of full age, not being annuitants, interested in possession in the net rents and profits of the land until sale:—

(a) partition the land remaining unsold or any part thereof; and

(b) provide (by way of mortgage or otherwise) for the payment of any equality money;

and, upon such partition being arranged, the trustees for sale shall give effect thereto by conveying the land so partitioned in severalty (subject or not to any legal mortgage created for raising equality money) to persons of full age and either absolutely or on trust for sale or, where any part of the land becomes settled land, by a vesting deed, or partly in one way and partly in another in accordance with the rights of the persons interested under the partition, but a purchaser shall not be concerned to see or inquire whether any such consent as aforesaid has been given:

Provided that—

(i) If a share in the net proceeds belongs to a [F2 person suffering from mental disorder], the consent of his . . . F3 receiver shall be sufficient to protect the trustees for sale:

(ii) If a share in the net proceeds is affected by an incumbrance the trustees for sale may either give effect thereto or provide for the discharge thereof by means of the property allotted in respect of such share, as they may consider expedient.

(4) If a share in the net proceeds is absolutely vested in an infant, the trustees for sale may act on his behalf and retain land (to be held on trust for sale) or other property to represent his share, but in other respects the foregoing power shall apply as if the infant had been of full age.

(5) This section applies to dispositions on trust for sale coming into operation either before or after the commencement or by virtue of this Act.

Textual Amendments

F1 Words inserted by Law of Property (Amendment) Act 1926 (c. 11), Sch.

F2 Words substituted by Mental Health Act 1959 (c. 72), Sch. 7 Pt. I

F3 Words repealed by Mental Health Act 1959 (c. 72), Sch. 7 Pt. I

Modifications etc. (not altering text)

C1 S. 28 extended by Landlord and Tenant Act 1927 (c. 36), s. 13(1), Hill Farming Act 1946 (c. 73), s. 11(2), Coast Protection Act 1949 (c. 74), s. 11(2)(a), Coal Mining (Subsidence) Act 1957 (c. 59), s. 11(7), Land Commission Act 1967 (c. 1), s. 92 and Town and Country Planning Act 1971 (c. 78), s. 275(1); applied by Forestry Act 1967 (c. 10), s. 5(4), Sch. 2 para. 1(4)

C2 S. 28 extended by Highways Act 1980 (c. 66, SIF 59), s. 87(4)(b)

C3 S. 28 amended by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 125(5)(b)

C4 S. 28 extended by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 328(1)(a)(2)(a)

C5 S. 28 extended (1.11.1993) by 1993 c. 28, ss. 9, 40, Sch. 2 para. 5(2)(b)(i)(with ss. 94(2), 95); S.I. 1993/2134, arts. 2, 5; and (17.12.1996) by 1996 c. 53, ss. 55(4)(b), 73(3)(b); S.I. 1996/2842, art. 3

C6 S. 28 applied (with modifications) (30.10.1994) by S.I. 1994/2716, reg. 86(2)

Marginal Citations

M1 1925 c. 18.

M2 1925 c. 18.