Explain why your client should appoint a second trustee to act jointly with her in the sale of 25 Kynaston Road.

Study for the CILEx Conveyancing Level 3 Exam. Prepare with targeted quizzes and interactive questions; each offers detailed explanations. Excel on your exam!

Multiple Choice

Explain why your client should appoint a second trustee to act jointly with her in the sale of 25 Kynaston Road.

Explanation:
When land is held on trust and the register shows a joint ownership restriction, the transfer of legal title must be executed by the trustees jointly. Appointing a second trustee to act with your client ensures the sale is carried out by two trustees, meeting the restriction on the register and allowing the buyer to take the legal title free of the beneficiaries’ interests. This isn’t about one person wanting someone else to sign; it’s about complying with how title can be transferred when the property is held in trust. The other options don’t fit because a sole owner cannot unilaterally transfer property held on trust, not every sale requires two trustees, and lenders do not universally mandate two trustees for all sales.

When land is held on trust and the register shows a joint ownership restriction, the transfer of legal title must be executed by the trustees jointly. Appointing a second trustee to act with your client ensures the sale is carried out by two trustees, meeting the restriction on the register and allowing the buyer to take the legal title free of the beneficiaries’ interests. This isn’t about one person wanting someone else to sign; it’s about complying with how title can be transferred when the property is held in trust. The other options don’t fit because a sole owner cannot unilaterally transfer property held on trust, not every sale requires two trustees, and lenders do not universally mandate two trustees for all sales.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy