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Publication details for Professor Lorna Fox O'Mahony
Fox, Lorna. (2000). Living in a policy state: from trust for sale to trust of land. Liverpool Law Review 22(1): 59-88.- Publication type: Journal papers: academic
- ISSN/ISBN: ISSN 0144-932X (Print) 1572-8625 (Online)
- DOI: 10.1023/A:1026540104646
- Keywords: co-ownership, creditors, insolvency, judicial discretion.
- View online: Online version
- Durham research online: DRO record
Author(s) from Durham
Abstract
The Trusts of Land and Appointment of Trustees Act 1996 has transformed the nature of co-ownership interests in land. The trust for sale, which governed dealings in co-owned property under the Law of Property Act 1925, and which made sale the presumptive object of co-ownership, has been replaced by a trust of land, under which co-owners retain an interest in the land itself, rather than its capital value. This article considers the likely impact of this legislative policy departure, particularly in relation to the court's willingness to grant an order for the sale of co-owned property on application by a creditor, and against the wishes of anon-debtor co-owner occupier.