CONVEYANCING ACT 1881 - SECT 42 Management of land and receipt and application of income during minority.

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CONVEYANCING ACT 1881 - SECT 42

Management of land and receipt and application of income during minority.

42.(1) If and as long as any person who would but for this section be
beneficially entitled to the possession of any land is an infant, and being a
woman is also unmarried, the trustees appointed for this purpose by the
settlement, if any, or if there are none so appointed, then the persons, if
any, who are for the time being under the settlement trustees with power of
sale of the settled land, or of part thereof, or with power of consent to or
approval of the exercise of such a power of sale, or if there are none, then
any persons appointed as trustees for this purpose by the Court, on the
application of a guardian or next friend of the infant, may enter into and
continue in possession of the land; and in every such case the subsequent
provisions of this section shall apply.

(2) The trustees shall manage or superintend the management of the land, with
full power to fell timber or cut underwood from time to time in the usual
course for sale, or for repairs or otherwise, and to erect, pull down,
rebuild, and repair houses, and other buildings and erections, and to continue
the working of mines, minerals, and quarries which have usually been worked,
and to drain or otherwise improve the land or any part thereof, and to insure
against loss by fire, and to make allowances to and arrangements with tenants
and others, and to determine tenancies, and to accept surrenders of leases and
tenancies, and generally to deal with the land in a proper and due course of
management; but so that, where the infant is impeachable for waste, the
trustees shall not commit waste, and shall cut timber on the same terms only,
and subject to the same restrictions, on and subject to which the infant
could, if of full age, cut the same.

(3) The trustees may from time to time, out of the income of the land,
including the produce of the sale of timber and underwood, pay the expenses
incurred in the management, or in the exercise of any power conferred by this
section, or otherwise in relation to the land, and all outgoings not payable
by any tenant or other person, and shall keep down any annual sum, and the
interest of any principal sum, charged on the land.

Subs.(4)(5) rep. by 1958 c.23 (NI) s.69 sch.2

(6) Where the infant's estate or interest is in an undivided share of land,
the powers of this section relative to the land may be exercised jointly with
persons entitled to possession of, or having power to act in relation to, the
other undivided share or shares.

(7) This section applies only if and as far as a contrary intention is not
expressed in the instrument under which the interest of the infant arises, and
shall have effect subject to the terms of that instrument and to the
provisions therein contained.

(8) This section applies only where that instrument comes into operation after
the commencement of this Act.

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Northern Irish Legislation

CONVEYANCING ACT 1881 - SECT 42