Sayles: Land Law Concentrate 4e
Chapter 9: Outline answers to essay questions
The provisions contained within the Trusts of Land and Appointment of Trustees Act 1996 now makes sure that a correct balance is achieved between the rights of trustees and those of beneficiaries under a trust.
This requires you to draw comparisons between the regime that existed before TLATA 1996 with that post TLATA. Whilst little knowledge of case law is required, it is key that you are familiar with the various provisions under TLATA and how a trust of land differs from a trust for sale.
A key focus for your answer may be the duty to sell that trustees had in respect of a trust for sale. You should analyse the problems that this produced, for example
- the predisposed position of a court to order a sale upon receipt of an application to sell under s 30 LPA 1925;
- the fact that beneficiaries had no right to occupy the trust property by virtue of the fact that their interests were seen as lying in the purchase monies through the doctrine of conversion;
- the fact that this duty no longer reflected the changing social attitudes towards the purpose for holding land.
Consider further how the rights of beneficiaries under trusts for sale were limited. This might include an analysis of their limited rights of consultation, giving power to the trustees to ignore the beneficiaries wishes for example.
Focus then upon how TLATA 1996 tried to correct this imbalance. You could consider, for example:
- the abolition of the doctrine of conversion: s 3 TLATA 1996;
- the replacement of a duty to sell with a mere power to do so under a trust of land;
- beneficiaries rights to occupy trust property under certain circumstances: s 12 TLATA 1996;
- beneficiaries right to be consulted by trustees under s 11 TLATA 1996;
- beneficiaries powers to appoint trustees in certain circumstances under s 19 TLATA 1996.
Perhaps conclusions should evaluate whether TLATA 1996 has achieved a correct balance between rights of trustees and beneficiaries. Will the courts interpret the sections of TLATA so that a balance can be achieved. Consider, for example, the influence of pre TLATA case law upon a court when considering s 15 TLATA criteria in reaching a decision upon a s 14 TLATA sale application.
I logged out of my Instagram today and plan on limiting my activity on it. Logging out of social media meant me logging out of everyone else’s life. I was starting to compare my life to others and comparing how I look to other women. Social media isn’t the only way that a person can put themselves down, also our own personal obstacles. In between all of this, women become overwhelmed and start to limit themselves. I know I do!
I hold myself to high standards and knowing that I was comparing myself to other people made me feel less beautiful. It made me less confident and it led me down the road of self-destruction. My mind was filled with what I could do and be rather than what I am doing now.
I turned on Beautiful by Christina Aguilera and started singing and dancing and all that I was worried about was gone. My mind became clear.
Nothing in this life will be easy, we will cry, laugh, scream and be silent. What you do to get over that wall is what defines you. There’s more than one way over a wall! Remember that!
We learn after our hard times what it means to love ourselves whole heartedly and how important it is to look in the mirror and say to yourself, “You are beautiful.”
Thinking positive thoughts enhances self-love and confidence. See how I told you that I was comparing myself, those thoughts resulted in me feeling less confident. I put down the phone and did things that made me feel beautiful and competent.
Thinking positive is not easy! With everything we as women go through already, positive thinking takes a lot of discipline. Your body regenerates itself with new cells creating new thinking and new habits.
Practice positive thinking and start doing things that make you feel like you are enough. If you think you can change the world, you probably will be the one to do it. Put your social media to rest and appreciate what’s here, right now, in front of you.
There’s nothing better than maturing and knowing that you are enough. All that you have is what the Creator gave you. Nothing more and nothing less.
You are what the creator made you to be and that’s perfection. You are no mistake and the mistakes that you do make, help you become the person you were meant to become.
Think of this when you’ve hit a wall, I’m exactly where I’m supposed to be. That helps me not stress myself with where I am in life. Instead of us encouraging women to be and act what they see on reality shows, we should be encouraging our women to love what they see first. Then love what you do and carry yourself with dignity and know that no one can take that away from you.
Trust yourself and work hard. Life gives no promises; all that the universe recognizes is your energy. You give out good energy, you will be given exactly what you give out.