Section 26: Consents to the execution of a trust for sale.

Law of Property Act 1925 · 1925 c. 20View on legislation.gov.uk

This provision is repealed
It is retained for historical reference and may not reflect the law currently in force.

Part I: General Principles as to Legal Estates, Equitable Interests and Powers

REPEALED on 1997-01-01 by Trusts of Land and Appointment of Trustees Act 1996.

Source annotation(s):

  • S. 26 repealed (1.1.1997) by 1996 c. 47 , s. 25(2) , Sch.4 (with ss. 24(2) , 25(4) ); S.I. 1996/2974 , art. 2

The text below is the provision as originally enacted. It is historical and may not include amendments made before this status change. View the enacted source.

If the consent of more than two persons is by the disposition made requisite to the execution of a trust for sale of land, then, in favour of a purchaser, the consent of any two of such persons to the execution of the trust or to the exercise of any statutory or other powers vested in the trustees for sale shall be deemed sufficient.

Where the person whose consent to the execution of any such trust or power is expressed to be required in a disposition is not sui juris or becomes subject to disability, his consent shall not, in favour of a purchaser, be deemed to be requisite to the execution of the trust or the exercise of the power; but the trustees shall, in any such case, obtain the separate consent of the parent or testamentary or other guardian of an infant or of the committee or receiver (if any) of a lunatic or defective.

The trustees for sale shall, so far as practicable, give effect to the wishes of the persons of full age for the time being beneficially interested in possession in the rents and profits of the land until sale, or, in case of dispute, of the majority (according to the value of their combined interests) of such persons, but a purchaser shall not be concerned to see that such wishes are complied with.

This section applies whether the trust for sale is created before or after the commencement or by virtue of this Act.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.