Settled Land Acts - Where Powers Conferred Do Not Apply

Where Powers Conferred Do Not Apply

There are two scenarios where the tenant for life does not exercise the powers conferred by the Act.

• Where the person entitled in possession is an infant in which case under s.60 the trustees of the settlement exercise the powers.
• The other exception is where the tenant wishes to exercise his power of sale but he wishes to buy the fee simple(so he wishes to buy it from himself) – under S12 of the 1890 Act the trustees of the settlement step into his shoes and exercise the power of sale on his behalf.

Under s.50(1) the powers of the tenant for life cannot be assigned to another and s.50(2) renders void any contract under which the tenant for life agrees not to exercise his statutory powers. Also, the settlor cannot through the provisions of the settlement curtail either directly or indirectly the powers of the tenant for life under the Acts. Any provision attempting to do so will be void under s.51 of the 1882 Act

An example of an indirect attempt to curtail the exercise of the powers is found In re Fitzgerald 1902 IR 162

Section 56(1) provides that where there is a conflict between the provisions of a settlement and the provisions of the Act in relation to his powers where the settlement is more restrictive, the provisions of the Act will prevail.

Note s.57 provides that nothing in the Acts prevent a settlor from conferring on the tenant for life any powers additional to those conferred by the act.