Victorian Consolidated Legislation

Property Law Act 1958 - SECT 35

Powers conferred on trustees for sale

35. Powers conferred on trustees for sale



(1) Trustees for sale shall, in relation to land and to the proceeds of sale,
have all the powers of a tenant for life and the trustees of a settlement
under the Settled Land Act 1958, including in relation to the land the powers
of management conferred by that Act during a minority,11 and (subject to any
express trust to the contrary) all capital money arising under the said powers
shall, unless paid or applied for any purpose authorized by the
Settled Land Act 1958,12 be applicable in the same manner as if the money
represented proceeds of sale arising under the trust for sale.

All land acquired under this subsection shall be conveyed to the trustees on
trust for sale. The powers conferred by this subsection shall be exercised
with such consents (if any) as would have been required on a sale under the
trust for sale, and when exercised shall operate to overreach any equitable
interests or powers which attach to the net proceeds of sale.

(2) Subject to any direction to the contrary in the disposition on trust for
sale or in the settlement of the proceeds of sale, the net rents and profits
of the land until sale, after keeping down costs of repairs and insurance and
other outgoings shall be paid or applied, except so far as any part thereof
may be liable to be set aside as capital money under the
Settled Land Act 1958,13 in like manner as the income of investments
representing the purchase money would be payable or applicable if a sale had
been made and the proceeds had been duly invested.

(3) Where the net proceeds of sale have under the trusts affecting the same
become absolutely vested in persons of full age in undivided shares (whether
or not such shares may be subject to a derivative trust) the trustees for sale
may, with the consent of the persons (if any) of full age, not being
annuitants, interested in possession in the net rents and profits of the land
until sale-

   (a)  partition the land remaining unsold or any part thereof; and





   (b)  provide (by way of mortgage or otherwise) for the payment of any
        equality money-

and, upon such partition being arranged, the trustees for sale shall give
effect thereto by conveying the land so partitioned in severalty (subject or
not to any legal mortgage created for raising equality money) to persons of
full age in accordance with the rights of the persons interested under the
partition, but a purchaser shall not be concerned to see or inquire whether
any such consent as aforesaid has been given: Provided that-

        (i)    if a share in the net proceeds belongs to a lunatic the consent
               of his committee shall be sufficient to protect the trustees
               for sale;

        (ii)   if a share in the net proceeds is affected by an incumbrance
               the trustees for sale may either give effect thereto or provide
               for the discharge thereof by means of the property allotted in
               respect of such share, as they may consider expedient.

(4) If a share in the net proceeds is absolutely vested in a minor, the
trustees for sale may act on his behalf and retain land (to be held on trust
for sale) or other property to represent his share, but in other respects the
foregoing power shall apply as if the minor had been of full age.

(5) This section shall apply to dispositions on trust for sale coming into
operation either before or after the commencement or by virtue of this Part14.