The construction of sub-section 6(5) of the Trusts of Land and Appointment of Trustees Act 1996: when is a "right" not a "right"?

Ferris, G. ORCID: 0000-0003-0574-1978 and Bramley, E., 2009. The construction of sub-section 6(5) of the Trusts of Land and Appointment of Trustees Act 1996: when is a "right" not a "right"? Conveyancer and Property Lawyer, 73 (1), pp. 39-53. ISSN 0010-8200

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Abstract

Construes the Trusts of Land and Appointment of Trustees Act 1996 s.6(5) under which trustees of trusts of land are required to have regard to the rights of the beneficiaries when exercising the powers conferred on them under s.6, proposing a construction of the subsection which requires it to be read as a counterpart to the provisions of s.15. Considers the meaning to be attributed to the word "rights" in s.6(5). Explains the reasons for the proposed construction, applies it to an example scenario and identifies three advantages in adopting it.

Item Type:	Journal article
Publication Title:	Conveyancer and Property Lawyer
Creators:	Ferris, G. and Bramley, E.
Publisher:	Sweet & Maxwell/Thomson Reuters
Place of Publication:	London
Date:	2009
Volume:	73
Number:	1
ISSN:	0010-8200
Rights:	Permission is for Nottingham Trent University’s Institutional Repository only. Any further use (including storage, transmission or reproduction by electronic means) shall be the subject of a separate application for permission.
Divisions:	Schools > Nottingham Law School
Record created by:	EPrints Services
Date Added:	09 Oct 2015 10:41
Last Modified:	09 Jun 2017 13:36
URI:	https://irep.ntu.ac.uk/id/eprint/16629

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