Law of Property Act 1922

Amendments consequential of Part I. of this Act.

1 The following provisions shall take effect as respects the Settled Land Acts, 1882 to 1890, in this Schedule referred to as the Acts :—

(1) In subsection (6) of section two of the Act of 1882 the words "as tenants in common or" and the words "or for other concurrent estates or interests" are hereby repealed, and all references in the Acts to undivided shares in land and to partitions of the settled land are likewise repealed:

(2) An express power to sell settled land which is not vested in the tenant for life of full age, or statutory owner, shall not be exerciseable in relation to the land, but the operation of such power to constitute persons to be trustees of the settlement shall remain unaffected ; and all powers (including powers conferred by other statutes in extension of the powers conferred by the Acts) to raise money by mortgage of the settled land shall be exerciseable by charge by way of legal mortgage or by demise or subdemise thereof:

(3) In clause (i) of subsection (10) of section two of the Act of 1882, in place of the words " also an undivided share" the words "but not an undivided share " are hereby substituted :

(4) Section nineteen and subsections (1) (2) and (3) of section twenty-four of the Act of 1882 are hereby repealed, and in subsection (4) of section twenty-four aforesaid the words "by purchase or in exchange" are hereby substituted for the words " as aforesaid, " and references to "undivided shares" and to "partition " in that section are hereby repealed, and the words " in respect of money actually raised and remaining unpaid " are also repealed :

(5) The following enactment is hereby substituted for subsection (1) of section thirty-seven of the Act of 1882, namely :—

“Where personal chattels are settled so as to devolve with settled land, a tenant for life of the land may sell the chattels or any of them.”

(6) The words " trustee is a trust corporation " are hereby substituted for the words " settlement authorises the receipt of capital trust money of the settlement by one trustee " in subsection (1) of section thirty-nine of the Act of 1882 ; and the words " the trustee is a trust corporation " are hereby substituted for the words " a contrary intention is expressed in the settlement " in subsection (2) of section forty-five of the Act of 1882 :

(7) Where an application is made to the court for the appointment of trustees of a trust deed or settlement, and a vesting instrument is subsisting, the court shall also have power to appoint trustees for the purposes of the Acts of the principal or only vesting instrument and of the supplemental vesting instruments, if any, referred to in the application ; and may require a memorandum of the appointment to be endorsed thereon. References in the Acts to settlements and to trustees of settlements shall, in connexion with the appointment of trustees, extend to vesting instruments and to the trustees thereof:

(8) Section forty-four of the Act of 1882 shall apply to all questions or differences in relation to settled land which may arise under Part I. of this Act:

(9) The provisions of section fifty-one of the Act of 1882 shall apply to any matter which might induce a tenant for life of full age, or statutory owner, not to exercise his right to require the settled land to be vested in him:

(10) All powers which under section fifty-six of the Act of 1882 (as amended) could only be exercised in relation to the settled land with the consent of the tenants for life or one of them shall, after the commencement of this Act, be exerciseable by the tenant for life of full age, or statutory owner, as if the same were additional powers within section fifty-seven of that Act :

(11) Clause (ix) of subsection (1) of section fifty-eight of the Act of 1882 does not apply where the land is subject to an immediate binding trust for sale :

(12) Sections fifty-nine and sixty of the Act of 1882 (as amended or extended by this Act) shall have effect subject to the provisions of this Act requiring the settled land during a minority to be vested in the statutory owner unless retained by a personal representative :

(13) Section sixty-three of the Act of 1882 and sections six and seven of the Act of 1884 are hereby repealed;

(14) The last paragraph of section nine of the Act of 1890, commencing with the words "and the rent-charge," is hereby repealed.