246:
unless his father consented to it. His father would be reluctant to give his consent as this would mean the land would pass outside the family. Obviously the son would be in need of money to sustain him until he became entitled in possession. A compromise would be reached which would enable the land to remain in the family but at the same time satisfy the son's need for cash. The father and son would bar the entail but there would be a resettlement of the land which usually took the form of a conveyance to the father for life, to the eldest son for life remainder to his eldest son in tail; the fee tail was passed back another generation. As part of the settlement the eldest son would be granted an immediate annuity on the land or a lump sum. If the family fell on hard times, these resettlements meant that the deterioration of the land and the impoverishment of the landowners continued for generation after generation.
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1049:(1891) 30 LR IR the court held that when a lessee under a 35-year lease granted by the tenant for life knew that there were not trustees of the settlement he was not granted the protection of S45(3). Another of the procedural requirements is that the sale proceeds or the capital money must be paid to the trustees of the settlements or into court – s22 of the 1882 Act.
1136:
Under s.18 he can mortgage the land if money is required for equality of exchange, to buy out the ground rent or to raise money to discharge incumbrances of a permanent nature. Any money raised by the mortgage is treated as capital money and under s.22 must be paid to the trustees or into court. Even
1042:
Under s.45(3) the purchaser, if he is dealing in good faith with the tenant for life, is not required to satisfy himself that the requisite notice has been given to the trustees. Over-reaching will still apply so long as the purchaser is acting in good faith even if this procedural requirement is not
1038:
Also certain procedures must be followed. Once these procedures are followed, on a sale by the tenant for life the purchaser receives the fee simple absolute in the land freed from all the interests attaching to it under the settlement. The interests under the settlement are over-reached i.e. shifted
224:
He often could not even open and work any mines on the land himself as the laws of waste apply to life estates and they provide that you cannot open new mines unless you are unimpeachable for waste. Even if he was unimpeachable for waste he would often not have the money to open them. This meant that
205:
Settlement would often provide for payment of an annuity to the widow (jointure). Provision could be made for the younger children of the landowner by giving them a capital sum on reaching a certain age or getting married (portions). These were capital sums designed to set them up for life. They were
1171:
Other miscellaneous powers conferred on the tenant are more restrictive e.g. under s.10(2) of the 1890 Act the
Principal Mansion house and its grounds cannot be sold, exchanged or leased by the tenant for life without the consent of the trustees of the settlement or an order of the court. Under s.37
1034:
Under s.3 of the 1882 act the life tenant has the power to sell or exchange land or any part of it or any interest right or privilege of any kind over or in relation to it. A restriction is imposed by s 4 which provides that in selling "he must obtain the best price that can be reasonably obtained".
909:
Under s.50(1) the powers of the tenant for life cannot be assigned to another and s.50(2) renders void any contract under which the tenant for life agrees not to exercise his statutory powers. Also, the settlor cannot through the provisions of the settlement curtail either directly or indirectly the
801:
The legislation achieved this by giving the tenant for life statutory powers to deal with the land which far exceeded the powers he had previously under common law. The most important of these powers was the power of the tenant for life to sell the fee simple interest in the land and not just a life
809:
Second aim of the legislation was to protect the interests of the beneficiaries under the settlement. Their interests were over-reached i.e. they detached from the land and became attached to the proceeds of sale instead, their interests shifted to the money – i.e. the settlement now applied to the
1109:
Notice must be given to the trustees of the settlement before the lease is granted – s.45. However under S7 of the 1890 Act the tenant for life can grant a lease for under 21 years provided a fine is not payable, the lessee is not exempted for liability for waste and it reserves the best rent that
245:
through the process of resettlement. The son's eldest son who was entitled to the fee tail could by barring the entail create a fee simple and bring the settlement to an end. He was not entitled to his interest in possession until his father died. While his father lived he could not bar the entail
1211:
Section 16(1) -the trustees will be the trustees with a power of sale of other land which is subject to the same limitations as the settled land in question e.g. if a settlement includes two farms but trustees are only given a power to sell one then they will be the trustees of the settlement in
1121:
The 1882 act makes an exception in the case of mining leases as the capital value of the land will be diminished by the mining – s 11 provides that unless a contrary intention is expressed in the settlement part of the rent is to be set aside as capital money and the rest goes to the tenant as
826:
Generally there must be an element of succession. Section 59 creates one situation of settled land where there is no element of succession – where an infant is entitled in possession to land it is deemed to be settled land even though it may not be limited by way of succession i.e. he might he
1052:
Under s.54 on a sale, exchange, lease or mortgage a bona fide purchaser/lessee/ mortgagee shall if dealing in good faith with the tenant for life, be conclusively taken, as against the beneficiaries of the settlement, as having paid the best price that could reasonably be obtained and to have
836:
Section 25 of the 1882 act defines the tenant for life as "the person who is for the time being, under a settlement, beneficially entitled to possession of settled land, for his life…" – usually the person entitled to the life estate in possession or entitled to the fee tail in possession.
904:
The other exception is where the tenant wishes to exercise his power of sale but he wishes to buy the fee simple (so he wishes to buy it from himself) – under S12 of the 1890 Act the trustees of the settlement step into his shoes and exercise the power of sale on his
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A s 53 tenant for life must "have regard to the interests of all parties entitled under the settlement." He is required to have regard to the interests of the beneficiaries but he is not the same as the usual trustee since he is always one of the beneficiaries. In
1180:
The role of the trustees is mainly supervisory. They generally have no powers to actively deal with the land as these powers are vested in the tenant for life. The trustees of the settlement have a more active role in two scenarios –
920:
Section 56(1) provides that where there is a conflict between the provisions of a settlement and the provisions of the Act in relation to his powers where the settlement is more restrictive, the provisions of the Act will prevail.
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entitled to a fee simple. This was to ensure the commerciability of land owned by a minor as a purchaser would be reluctant to sign a contract with him given that it was voidable once the minor reached the age of majority.
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Consents – some transactions such as the sale of the principal mansion house will require the consent of the trustees – sale of the mansion house s.10(2). This can be given informally without the need for writing as per
201:
The most common example of strict settlement occurs where a landowner provides in his will that the land is to go to his eldest son for life and then the remainder is to pass to his son's eldest son in fee tail.
161:, the property, which can be real or personal (land or goods), is transferred by the owner by deed or will to trustees who are obliged to sell the property and hold the proceeds of sale for the beneficiaries.
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S21 lists the various ways in which the money can be invested or applied. Court will only intervene if the investment plan clearly harms the financial interests of other beneficiaries under the settlement –
1251:
1906 2 Ch 11. Notice – under s 45 the major powers conferred by the acts on the tenant for life can only be exercised by him if he gives one months notice to the trustees. It is usually sent by registered
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is a limited estate with succession confined to the direct descendants of the original holder of the estate – descendant determined according to ancient heirship rules which leaned in favour of the eldest
1227:
The role of the trustees of the settlement was created to ensure that the tenant for life in exercising his statutory powers does not harm the interests of the other beneficiaries under the settlement.
1241:
Under s 22(2) the capital money paid to the trustees must be invested or applied by them in accordance with the direction of the tenant for life or if no direction is given at their own discretion.
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is an estate to last someone's lifetime, either the grantee's lifetime or the lifetime of someone else – a life estate pur autre vie. These estates were used in the creation of a strict settlement.
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A settlement is defined by s2(1) of the 1882 act as "any land or any estate or interest in land, which stands for the time being limited to or in trust for any persons by way of succession".
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To enable them to achieve this aim the legislation imposed 3 statutory requirements – they are required to receive the capital money, they are required to receive notice and to consent
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Every lease must contain a covenant by the lessee for payment of the rent and a condition for re-entry in the event of the rent remaining unpaid for a period not exceeding 30 days.
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1916 1Ch is that the rent reserved in leases is to be treated as part of the tenant's income from the land. It is never capitalised i.e. put by for the other beneficiaries.
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Section 6 allows a tenant for life to lease the land or any part of it. The lease will last for the full term even if the tenant for life dies before its termination.
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The acts ensures that the powers created are available whenever there is a settlement by designating in every possible case one person to be the tenant for life.
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Note the trustees are under no obligation to bring an action. Under S42 they can not be held liable for failing to give a consent or failing to bring an action.
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Improvements are expenditures over and above day to day expenses e.g. repairs which he must pay for himself. See s.25 of the 1882 Act and s.13 of the 1890 Act.
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Note s.57 provides that nothing in the Acts prevent a settlor from conferring on the tenant for life any powers additional to those conferred by the act.
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Where the tenant for life is an infant, in which case the trustees can exercise that role for him until he reaches the age of majority- s.60 1882 Actor
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Section 2(8) of the 1882 Act as supplemented by s.16 of the 1890 Act identifies 5 categories of persons who qualify as trustees of the settlement:
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Where the tenant for life wishes to buy the fee simple the trustees must step into his shoes and exercise the power of sale for him – s.12 1890 Act
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Section 7 laid out certain requirements – the lease had to be made by deed and must come into effect in possession within 12 months of its date
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950:"He may legitimately exercise his powers with some, but not of course, an exclusive regard for his own personal interests" – per Vaisey J in
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income. If the tenant for life is impeachable for waste ¾ of the rent is capitalised if he is unimpeachable ¼ of the rent is capitalised.
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One other situation where the courts will intervene is where the transaction is not bona fide or seems to involve an element of fraud,
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An Act for facilitating sales, leases, and other dispositions of settled land, and for promoting the execution of improvements thereon.
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Where land is involved the court will only intervene if the exercise of the power would financially affect the beneficiaries e.g.
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Where the person entitled in possession is an infant in which case under s.60 the trustees of the settlement exercise the powers.
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The powers are not equivalent to the powers of an absolute owner. Limits and restrictions are put on them by the legislation.
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can reasonably be obtained without giving notice and notwithstanding the fact that there are no trustees of the settlement.
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1891 30 LR IR: the main aim of the trustees of the settlement is to protect the interests of those entitled in remainder.
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powers of the tenant for life under the Acts. Any provision attempting to do so will be void under s.51 of the 1882 Act
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can only be created over land and it was a device which was used by a landowner to keep the land within his family.
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Under s 37 of the 1882 Act the tenant for life has the power to sell heirlooms so long as he gets a court order –
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By using the device of the strict settlement the ownership of the property was divided over time by using limited
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the optimum benefit could not be obtained from the land and meant that many landowners became impoverished.
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of the 1882 Act heirlooms such as family pictures, antiques cannot be sold without an order of the court.
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Three controls were incorporated into the legislation to prevent the tenant for life abusing his powers:
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The improvements can only be made out of capital money and cannot become a charge on the settlement –
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There are two scenarios where the tenant for life does not exercise the powers conferred by the Act.
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These difficulties were compounded by the fact that very often the settlement would continue on
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A counterpart of the lease had to executed by the lessee and delivered to the tenant for life
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Trustees identified with a power of sale or a power to consent to the sale of settled land.
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However where the financial loss is only speculative the court will not intervene as in
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Persons named in the settlement as trustees of the settlement "for the purposes of the
947:(1916) 1 Ch Younger J described the tenant for life as a "highly interested" trustee.
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An example of an indirect attempt to curtail the exercise of the powers is found
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Generally it is the tenant for life who exercises the powers created by the acts
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The court may appoint trustees of the settlement under s.38(1) of the 1882 Act.
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owner who wants to ensure that provision of future generations of his family.
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Basically, whenever a document creates a succession of interests in land the
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The strict settlement meant that the land was effectively inalienable.
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Every lease must reserve the best rent that can reasonably be obtained
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did not radically change the tenant for life's power to mortgage.
1329:: a paper read before the Constitutional Union, 23 October 1882
788:
The primary aim of the
Settled Land Acts 1882 to 1890 was, as
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1215:
Section 16(2) – the trustees who have a future power of sale.
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enactments concerning the limits of creating a settlement, a
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This is the role played by the trustees of the settlement.
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It was not feasible to grant a long lease of the property.
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Land could be mismanaged and fall into severe disrepair.
1083:
There are maximum limits on the lengths of such leases
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An Act to amend the
Settled Land Acts, 1882 to 1889.
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Building leases could only be granted for 99 years.
957:He is entitled to a certain measure of discretion,
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Abolition of Feudal Tenure etc. (Scotland) Act 2000
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60:. Unsourced material may be challenged and removed.
1089:Mining leases could only be granted for 60 years.
1092:Other leases could only be granted for 35 years.
1079:There are certain conditions and restrictions –
228:The life tenant would have to pay the widow her
1053:complied with all requisitions under the acts.
813:The acts apply whenever there is a settlement.
8:
1207:Categories provided by s16 of the 1890 act:
870:The Settled Land Acts (Amendment) Act 1887 (
556:An Act to amend the Settled Land Act, 1882.
411:An Act to amend the Settled Land Act, 1882.
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521:
460:
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1368:Housing legislation in the United Kingdom
120:Learn how and when to remove this message
1223:Powers of the trustees of the settlement
743:Settled Land Acts (Amendment) Act 1887 (
1291:
1137:in these instances s.53 still applies.
218:The eldest son could not sell the land.
27:English laws concerning family property
465:Settled Land Acts (Amendment) Act 1887
235:It was difficult to mortgage the land.
232:and the other children their portions.
206:secured by charging them on the land.
720:Incumbered Estates (Ireland) Act 1849
705:Text of statute as originally enacted
603:Text of statute as originally enacted
367:Text of statute as originally enacted
7:
936:Regard to interests of other parties
58:adding citations to reliable sources
893:Where powers conferred do not apply
213:Disadvantages of strict settlements
1143:Hampden v. Earl of Buckinghamshire
1017:Powers not equivalent to ownership
944:Re Earl of Stamford and Warrington
846:The Settled Land Acts 1882 to 1890
25:
635:Parliament of the United Kingdom
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544:Parliament of the United Kingdom
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483:Parliament of the United Kingdom
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399:Parliament of the United Kingdom
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280:Parliament of the United Kingdom
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1331:. London: Constitutional Union.
975:Re Earl of Radnor's Will Trusts
45:needs additional citations for
1114:The general rule laid down in
1:
1324:Manby, Harry Lyndsay (1882).
1311:, section 2(1) and Schedule 2
1062:comments made by Black J in
180:The limited freehold estates
152:Two main types of settlement
1212:relation to the other farm.
884:The Settled Land Act 1890 (
877:The Settled Land Act 1889 (
863:The Settled Land Act 1884 (
856:The Settled Land Act 1882 (
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1176:Trustees of the settlement
1167:Other miscellaneous powers
1065:Gilmore v. The O'Conor Don
610:United Kingdom legislation
519:United Kingdom legislation
458:United Kingdom legislation
374:United Kingdom legislation
255:United Kingdom legislation
1248:Re Hunt's Settled estates
1150:To carry out improvements
1039:to the proceeds of sale.
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772:Law of Property Act 1925
1327:The Settled Estates Act
952:Re Boston's Will Trusts
852:of the following Acts:
764:Settled Land Act 1925 (
757:Settled Land Act 1890 (
750:Settled Land Act 1889 (
736:Settled Land Act 1884 (
729:Settled Land Act 1882 (
716:(10 Geo. 1. c. 6 (I.))
714:Mining Leases Act 1723
1309:Short Titles Act 1896
1131:The Settled Land Acts
969:Weekly Reporter 912.
966:Wheelwright v. Walker
960:Wheelwright v. Walker
617:Settled Land Act 1890
597:Settled Land Act 1882
526:Settled Land Act 1889
452:Settled Land Act 1882
381:Settled Land Act 1884
339:Settled Land Act 1889
336:Settled Land Act 1884
262:Settled Land Act 1882
18:Settled Land Act 1882
1358:English property law
1002:Middlemas v. Stevens
54:improve this article
69:"Settled Land Acts"
1276:English trusts law
1203:1882–1890" – s2(8)
996:1883 24 Ch D 558.
993:Thomas v. Williams
810:proceeds of sale.
795:Bruce v. Ailesbury
776:15 & 16 Geo. 5
766:15 & 16 Geo. 5
1231:Hughes v. Fanagan
1201:Settled land Acts
1072:To lease the land
1046:Hughes v. Fanagan
987:1895 11 TLR 567.
978:1890 45 Ch D402.
886:53 & 54 Vict.
879:52 & 53 Vict.
872:50 & 51 Vict.
865:47 & 48 Vict.
858:45 & 46 Vict.
821:Settled Land Acts
759:53 & 54 Vict.
752:52 & 53 Vict.
745:50 & 51 Vict.
738:47 & 48 Vict.
731:45 & 46 Vict.
724:12 & 13 Vict.
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680:Other legislation
658:53 & 54 Vict.
623:Act of Parliament
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589:Other legislation
567:52 & 53 Vict.
532:Act of Parliament
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471:Act of Parliament
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444:Other legislation
422:47 & 48 Vict.
387:Act of Parliament
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325:Other legislation
303:45 & 46 Vict.
268:Act of Parliament
166:strict settlement
144:device used by a
136:were a series of
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16:(Redirected from
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1281:English land law
1160:Standing v. Grey
1009:Role of trustees
915:In re Fitzgerald
850:collective title
841:Collective title
698:Status: Repealed
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1043:followed. In
1040:
1036:
1030:Sell/exchange
1029:
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1022:
1016:
1014:
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1005:(1901) 1 Ch.
1004:
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986:
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834:
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811:
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804:pur autre vie
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790:Lord Halsbury
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110:February 2020
102:
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81:
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74:
71: –
70:
66:
65:Find sources:
59:
55:
49:
48:
43:This article
41:
37:
32:
31:
19:
1344:
1340:John Saville
1325:
1303:
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1236:
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1156:
1153:
1146:1893 CH 53.
1141:
1139:
1135:
1130:
1129:
1120:
1115:
1113:
1078:
1075:
1068:1947 IR 462
1063:
1057:
1055:
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1044:
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1037:
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919:
917:1902 IR 162
914:
912:
908:
896:
845:
844:
835:
832:
829:
825:
823:will apply.
820:
818:
815:
812:
808:
803:
800:
793:
787:
671:Royal assent
580:Royal assent
509:Royal assent
435:Royal assent
316:Royal assent
243:ad infinitum
242:
208:
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171:
165:
158:
142:conveyancing
133:
131:
116:
107:
97:
90:
83:
76:
64:
52:Please help
47:verification
44:
1126:To mortgage
686:Repealed by
439:3 July 1884
348:Repealed by
251:Legislation
195:life estate
1363:Irish laws
1352:Categories
792:stated in
643:Long title
552:Long title
407:Long title
330:Amended by
288:Long title
80:newspapers
1266:1 Ch 11.
1270:See also
928:Controls
778:. c. 20)
768:. c. 18)
653:Citation
562:Citation
491:Citation
417:Citation
298:Citation
187:fee tail
157:Under a
146:property
905:behalf.
848:is the
802:estate
784:(c. 47)
230:annuity
94:scholar
1298:AC 356
1116:Re Wix
1059:obiter
888:c. 69)
881:c. 36)
874:c. 30)
867:c. 18)
860:c. 38)
761:c. 69)
754:c. 36)
747:c. 30)
740:c. 18)
733:c. 38)
726:c. 77)
594:Amends
449:Amends
96:
89:
82:
75:
67:
1287:Notes
1252:post.
1140:See:
665:Dates
660:c. 69
574:Dates
569:c. 36
503:Dates
498:c. 30
429:Dates
424:c. 18
310:Dates
305:c. 38
101:JSTOR
87:books
1338:and
1307:The
1056:See
190:son.
132:The
73:news
56:by
1354::
1345:.
806:.
193:A
185:A
176:.
164:A
774:(
722:(
123:)
117:(
112:)
108:(
98:·
91:·
84:·
77:·
50:.
20:)
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