Two doctors in partnership held and occupied premises under a trust of land. After the break up of the partnership and practice into two, they sought to decide what was to happen to the premises. Rules would prevent the sale of the property. The building leant itself to a division under which one party could practice from one part, and the other from the other. The judge ordered accordingly, with additional conditions. On appeal the court confirmed the order. The Act allowed the trustees to restrict occupation of some parts of the land subject to the trust, by one or more beneficiaries. The court could also order the beneficiaries to contribute to the costs of the adaptation.
Citations:
Times 18-Apr-2001, Gazette 01-Jun-2001, [2001] EWCA Civ 471
Links:
Statutes:
Trusts of Land and Appointment of Trustees Act 1996 13(1) 14
Jurisdiction:
England and Wales
Trusts, Land
Updated: 23 May 2022; Ref: scu.135512
