Currently under the Act it is not possible to appoint a trustee or trustees to administer land in such circumstances because the Court is required to be satisfied that the owners “have had sufficient notice of the application and sufficient opportunity to discuss and consider it” per s 215(4)(a).
Documents/Judges-corner-articles/MLC-2014-Jun-Judges-Corner-Ambler-J.pdf (191 kb)
(a) The mortgage does not have to be approved by a Judge.
Where a trustee has been involved in difficult situations on other trusts, whether or not a satisfactory explanation has been provided may also be a necessary point to review.
Trustees could then be appointed to administer it, and they would be able to grant leases or licences for the necessary term.
FIRST SCHEDULE 4 First Schedule Include a sketch plan of the area to be occupied. THIRD SCHEDULE 10 (d) Is a payment required to be made to the Landowner(s) for the right to occupy?
Documents/Guides-Templates-Factsheets/2021-03-12-Example-Occupation-Order.pdf (150 kb)
A Trustee must not take any reward for acting as a Trustee but this does not affect the right of a Trustee to be reimbursed for the Trustees’ legitimate expenses and disbursements in acting as a Trustee; (h) duty to be active, in attending to the performance of the Trust and trustee duties.
Survey a survey of the new blocks may be required to complete the partition orders. a survey must be completed to obtain a full certificate of title.
Survey a survey of the new blocks may be required to complete the partition orders. a survey must be completed to obtain a full certificate of title.
Documents/Guides-Templates-Factsheets/MLC-title-improvement-english.pdf (385 kb)
If there are a number of transferees indicate how the blocks or shares are to be allocated e.g equally or otherwise.
(Land may be vested in a trustee or shares may be vested in another person.) 13.
Documents/Guides-Templates-Factsheets/MOJ0217.5E-OCT21-Title-Improvement.pdf (357 kb)
