Settled Land Act 1925
Geo5/15-16 c. 18 · Enacted 9 April 1925 · Extends to England and Wales
An Act to consolidate the enactments relating to settled land in England and Wales.
Annotations to the whole text
Modifications
- C1
Powers of tenant for life and trustees of settlement under this Act conferred on trustees for sale by Law of Property Act 1925 (c. 20), s. 28(1) and Forestry Act 1967 (c. 10), s. 5(4), Sch. 2 para. 1(1)-(3); applied by Land Registration Act 1925 (c. 21), ss. 40(2), 91(1)
- C2
Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3
- C3
Act extended by Local Land Charges Act 1975 (c. 76, SIF 98:2), ss. 11(3), 19(2), by Highways Act 1980 (c. 66, SIF 59), s. 87(4)(a) and by Patronage (Benefices) Measure 1986 (No. 3, SIF 21:4), ss. 33(4), 35(1)
- C4
Act modified by S.I. 1989/1379, art. 3(6)
- C5
Act: Definition of "settlement" applied (25.9.1991) by Land Compensation Act 1961 (c. 33, SIF 28:1), s. 27, Sch. 3 (as inserted 25.9.1991 by Planning and Compensation Act 1991 (c. 34, SIF:28:1), s. 66, Schedule 14 para. 2); S.I. 1991/2067, art. 3
Act applied (1.11.1993) by 1993 c. 28, s. 34(3)(a); S.I. 1993/2134, arts.2,5
Act applied (30.10.1994) by S.I. 1994/2716, reg. 86(1)(b)
Act excluded (1.1.1997) by 1996 c. 47, s.2 (with ss. 24(2), 25(4)(5)); S.I. 1996/2974, art. 2
Commencement
- I1
Act wholly in force at 1.1.1926 by s. 120(2) (now repealed)
Contents
- Part I: General Preliminary Provisions
- Settlements and Settled Land
- 1What constitutes a settlement.
- 2What is settled land.
- 3Duration of settlements.
- 4Authorised method of settling land inter vivos.
- 5Contents of vesting deeds.
- 6Procedure in the case of settlements by will.
- 7Procedure on change of ownership.
- 8Mode and costs of conveyance, and saving of rights of personal representatives and equitable chargees.
- 9Procedure in the case of settlements and of instruments deemed to be trust instruments.
- 10Procedure on acquisition of land to be made subject to a settlement.
- 11As to contracts for the settlement of land.
- 12Power to make vesting orders as to settled land.
- 13Dispositions not to take effect until vesting instrument is made.
- 14Forfeiture and stamps.
- 15Examples of instruments. Repealed
- Enforcement of Equitable Interests and Powers against Estate Owner and discharge on termination of Settlement
- 16Enforcement of equitable interests and powers against estate owner.
- 17Deed of discharge on termination of settlement.
- Restrictions on dispositions of Settled Land where Trustees have not been Discharged
- 18Restrictions on dispositions of settled land where trustees have not been discharged.
- Tenants for Life and Persons with Powers of Tenant for Life
- 19Who is tenant for life.
- 20Other limited owners having powers of tenant for life.
- 21Absolute owners subject to certain interests to have the powers of tenant for life.
- 22Provisions applicable where interest in settled land is restored.
- 23Powers of trustees, &c. when there is no tenant for life.
- 24As to a tenant for life who has parted with his interest.
- 25Married woman, how to be affected.
- 26Infants, how to be affected.
- 27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Trustees of Settlement
- 30Who are trustees for purposes of Act.
- 31As to trustees of compound settlements.
- 32As to trustees of referential settlements.
- 33Continuance of trustees in office, and as to certain compound settlements.
- 34Appointment of trustees by court.
- 35Procedure on appointment of new trustees.
- Provisions as to Undivided Shares
- 36Undivided shares to take effect behind a trust of land.
- Transitional Provisons
- 37Transitional provisions with respect to existing settlements, &c.
- Part II: Powers of a Tenant for Life
- Sale and Exchange
- 38Powers of sale and exchange.
- 39Regulations respecting sales.
- 40Regulations respecting exchanges.
- Leasing Powers
- 41Power to lease for ordinary or building or mining or forestry purposes.
- 42Regulations respecting leases generally.
- 43Leasing powers for special objects.
- Provisions as to building, mining and forestry leases
- 44Regulations respecting building leases.
- 45Regulations respecting mining leases.
- 46Variation of building or mining lease according to circumstances of district.
- 47Capitalisation of part of mining rent.
- 48Regulations respecting forestry leases.
- Miscellaneous Powers
- 49Power on dispositions to impose restrictions and make reservations and stipulations.
- 50Separate dealing with surface and minerals, with or without wayleaves, &c.
- 51Power to grant options.
- 52Surrenders and regrants.
- 53Acceptance of leases.
- 54Power to grant water rights to statutory bodies.
- 55Power to grant land for public and charitable purposes.
- 56Dedication for streets, open spaces, &c.
- 57Provision of land for small dwellings, small holdings and dwellings for working classes.
- 58Power to compromise claims and release restrictions, &c.
- 59Power to vary leases and grants and to give licences and consents.
- 60Power to apportion rents.
- 61Provisions as to consideration.
- 62†Special provisions as to manorial incidents, &c.
- 63Power to complete predecessor’s contracts.
- 64General power for the tenant for life to effect any transaction under an order of the court.
- Provisions as to special classes of property
- 65Power to dispose of mansion.
- 66Cutting and sale of timber, and capitalisation of part of proceeds.
- 67Sale and purchase of heirlooms under order of court.
- Dealings as between tenants for life and the estate
- 68Provision enabling dealings with tenant for life.
- Incumbrances
- 69Shifting of incumbrances.
- 70Power to vary provisions of an incumbrance and to charge by way of additional security.
- Raising of Money
- 71Power to raise money by mortgage.
- Conveyance
- 72Completion of transactions by conveyance.
- Part III: Investment or other application of Capital Money
- 73Modes of investment or application.
- 74Power to acquire land subject to certain incumbrances.
- 75Regulations respecting investment, devolution, and income of securities, &c.
- 75APower to accept charge as security for part payment for land sold.
- 76Application of money in court under Lands Clauses and other Acts.
- 77Application of money in hands of trustees under powers of settlement.
- 78Provision as to personal estate settled by reference to capital money, or on trusts corresponding with the limitations of land.
- 79Application of money paid for lease or reversion.
- 80As to money received by way of damages for breach of covenant.
- 81As to capital arising otherwise than under the Act.
- 82Land acquired may be made a substituted security for released charges.
- Part IV: Improvements
- Improvements with Capital Money
- 83Description of improvements authorised by Act.
- 84Mode of application of capital money.
- 85Creation of rentcharges to discharge instalments.
- Sundry Provisions as to Improvements
- 86Concurrence in improvements.
- 87Court may order payment for improvements executed.
- 88Obligation on tenant for life and successors to maintain, insure, &c.
- 89Protection as regards waste in execution and repair of improvements.
- Part V: Miscellaneous Provisions
- 90Power for tenant for life to enter into contracts.
- 91Provisions as to different estates settled upon the same limitations.
- 92Proceedings for protection or recovery of land settled or claimed as settled.
- 93Reference of questions to court.
- Part VI: General Provisions as to Trustees
- 94Number of trustees to act.
- 95Trustees’ receipts.
- 96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 97Protection of trustees generally.
- 98Protection of trustees in particular cases.
- 99Indemnities to personal representatives and others.
- 100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 101Notice to trustees.
- 102Management of land during minority or pending contingency.
- Part VII: Restrictions, Savings, and Protection of Purchasers
- 103Legal estate in settled land not to vest in trustee in bankruptcy of estate owner.
- 104Powers not assignable, and contract not to exercise powers void.
- 105Effect of surrender of life estate to the next remainderman.
- 106Prohibition or limitation against exercise of powers void, and provision against forfeiture.
- 107Tenant for life trustee for all parties interested.
- 108Saving for and exercise of other powers.
- 109Saving for additional or larger powers under settlement.
- 110Protection of purchasers, &c.
- 111Purchaser of beneficial interest of tenant for life to have remedies of a legal owner.
- 112Exercise of powers; limitation of provisions, &c.
- Part VIII: Court, Ministry of Agriculture and Fisheries, Procedure
- 113Jurisdiction and procedure.
- 114Payment of costs out of settled property.
- 115Powers of the Minister of Agriculture.
- 116Filing of certificates, &c. at the Ministry of Agriculture.
- Part IX: Supplementary Provisions
- 117Definitions.
- 118Retrospective amendment of certain provisions of Settled Land Acts. Repealed
- 119Repeals, savings, and construction.
- 120†Short title, commencement and extent.
- Schedule FIRST: Forms of Instruments Repealed
- Form No. 1Vesting Deed for giving effect to a Settlement subsisting at the Commencement of this Act Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- Form No. 2Vesting Deed on the Settlement of Land Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- Form No. 3Trust Instrument of the Settlement of Land Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- Form No. 4Subsidiary Vesting Deed on Sale when the Land is Purchased with Capital Money Repealed
- 1Paragraph 1 Repealed
- 2 and 3Paragraph 2 and 3 Repealed
- Part Form No. 5: Vesting Assent by Personal Representative Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4 and 5Paragraph 4 and 5 Repealed
- Schedule SECOND: Transitional Provisions affecting Existing Settlements
- Part Paragraph 1: Provisions for vesting legal estate in tenant for Life or Statutory Owner
- 1Paragraph 1
- Part Paragraph 2: Provisions where Settled Land is at commencement of Act vested in personal representatives
- 2Paragraph 2
- Part Paragraph 3: Provisions as to Infants
- 3Paragraph 3
- Schedule THIRD
- Part I: Improvements, the costs of which are not liable to be replaced by Instalments
- iParagraph i
- iiParagraph ii
- iiiParagraph iii
- ivParagraph iv
- vParagraph v
- viParagraph vi
- viiParagraph vii
- viiiParagraph viii
- ixParagraph ix
- xParagraph x
- xiParagraph xi
- xiiParagraph xii
- xiiiParagraph xiii
- xivParagraph xiv
- xvParagraph xv
- xviParagraph xvi
- xviiParagraph xvii
- xviiiParagraph xviii
- xixParagraph xix
- xxParagraph xx
- xxiParagraph xxi
- xxiiParagraph xxii
- xxiiiParagraph xxiii
- xxivParagraph xxiv
- xxvParagraph xxv
- Part II: Improvements, the Costs of which the Trustees of the Settlement or the Court may require to be replaced by Instalments
- iParagraph i
- iiParagraph ii
- iiiParagraph iii
- ivParagraph iv
- vParagraph v
- viParagraph vi
- Part III: Improvements, the Costs of which the Trustees of the Settlement and the Court must require to be replaced by Instalments
- iParagraph i
- iiParagraph ii
- iiiParagraph iii
- Schedule FOURTH: Retrospective Amendments of the Settled Land Acts, 1882 to 1890 Repealed
- ... Repealed
- Paragraph Repealed
- Paragraph Repealed
- 4Paragraph 4 Repealed
- 5Powers on sale, &c. Repealed
- 6Sale of timber and fixtures at a valuation. Repealed
- 7Raising of money. Repealed
- 8Provision where interest in settled land is restored. Repealed
- 9Referential settlements. Repealed
- 10Application of capital money. Repealed
- 11As to capital arising otherwise than under the Settled Land Acts. Repealed
- 12power for Public Trustee to give receipts and accept notices. Repealed
- 13Assignments of tenant for life’s interest. Repealed
- 14As to base fees. Repealed
- 15Amendment of s. 58(1)(ix) of the Act of 1882. Repealed
- 16... Repealed
- Schedule Fifth. . .