Hello again
I am dealing with a case where 10% of a property is owned by my client who lives in the property with her children and 90% by a family trust set up for the benefit of my client’s children. My client is not a trustee - her uncle and another person are. Can the Trustees demand entry to the property to inspect it if there’s no agreement in writing?
The answer may depend, in part, on who holds the legal title and, therefore, has the powers, etc. of a trustee of land?
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals
The Trustees are legal owners Paul as is my client.
As all are co-owners I believe they each have a right to access the property under s 13 TLATA 1996 unless there is any agreement to the contrary.
Have the co-owners, as trustees of land, entered into any form of agreement with the client, as envisaged by s.13? If not, I suggest consideration should be given to doing so (perhaps in similar format to a licence to occupy) to regulate the relationship going forward.
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals
Trustees are under a general duty to safeguard trust property which would entitle them to have access to such property to ensure, inter. alia, that the property is properly maintained and kept in a satisfactory state of repair.
Malcolm Finney