... for undivided owners, and this practice has now been given statutory effect under the trusts of land. The general rule pertaining to a trust remains applicable to TLATA and trustees have a fiduciary duty to safeguard the interest of the beneficiaries'. Whilst the act followed the recommendation4 to completely abolish strict settlements and trust for sale, its approach seemed somewhat laid back. It abolished strict settlement5 but many aspects of the trust for sale have been retained in the trust of land. Furthermore it has preserved the doctrine of overreaching6, thus in a dispute, the beneficiaries rights to occupation could still be superseded by a right to sell7. The right to dispose ensures that the trustee will only give or leave legal estate subject to the rights of the beneficiary. Under conversion, the beneficial interest may be overreached if two or more trustees sell the land, the effect is that the ...

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