Can unknown Trustees claim my property ?

[MrJones2]

Hi,

I'm trying to buy a house (Freehold) and one of the covenants(?) in the last conveyance (dated 1977) gives me some concern:

"It is hereby declares that the Purchasers or other the Trustees for the time being of this deed shall have full power until the expiration of eighty years from the date hereof (which period shall be the perpetuity period applicable hereto) to mortgage charge lease or otherwise dispose of all or any part of the said property with all the powers in that behalf of an absolute owner."

What is the purpose of such a declaration ?

The 'Trustees' is not defined in the conveyance. Is it possible that there are unknown Trustees ? And does this clause enable them to claim the property at any time up to 2057 ?

Moreover, the property is being sold by the daughter of the owner (who is still alive) as an Attorney and wants to sell the house with Limited Title Guarantee. The daughter lived in the house for many years and knows both the house (and her mother) well. Might this clause be why she will only well with Limited Guarantee ?

FYI: The property was registered by the daughter a few years ago name her mother as the sole proprietor with Title Absolute.

Thanks in advance.

[Sam101]

Many Trusts have such wording in them, but nothing to worry about in selling the property. It was therte so that whilst the property may have been held in Trust at one time, the Trustees had permission to act in a certain way. Trustees need authority to undertake certain actions, which are usually clarified in the Will in this way.

When the property is sold, the solicitors dealing with the conveyance will check that all is in order for the buyers.