Trustee Act 2000

Trustee Act 2000

2000 CHAPTER 29

Commentary on Sections

Part III: Acquisition of Land

Section 8: Power to acquire freehold and leasehold land

40. Section 8(1) gives trustees the power to acquire freehold or leasehold land in the United Kingdom as an investment, for occupation by the beneficiaries or for any other reason.  This provision is broadly modelled on section 6(3) and (4) of the Trusts of Land and Appointment of Trustees Act 1996.  The express duty to have regard to the interests of the beneficiaries in exercising powers under section 6(5) of the 1996 Act is not replicated in the Act.  However that provision merely clarifies what is already the law and the omission of an equivalent provision is not intended to diminish the obligations of trustees.

41. The phrase “freehold or leasehold land” is defined in section 8(2). In England and Wales it means a legal estate in land. The only estates in land which are capable of being legal estates are an estate in fee simple absolute in possession and an estate for a term of years absolute.  These estates correspond to freehold and leasehold respectively (Law of Property Act 1925 section 1(1)).  Trustees may also acquire the equivalent interests in land in Scotland and Northern Ireland.

42. Having acquired land a trustee must be able to deal with it effectively. Following the precedent of section 6(1) of the Trusts of Land and Appointment of Trustees Act 1996, section 8(3) gives trustees who acquire land the powers, for the purpose of exercising his or her trustee functions, of an absolute owner in relation to the land.  For example, trustees will have the power to hold land jointly with other persons, have powers of sale and leasing, and power to grant mortgages in respect of land.

43. Sections 9 and 10 have a similar effect in relation to the application of Part III of the Act as sections 6(1) and 7(1)-(3) respectively in relation to Part II.