Section 30 of the Law of Property Act 1925 (LPA 1925) outlines the powers of the court in situations where trustees for sale refuse to exercise their powers or if required consent cannot be obtained. The Section empowers any person with an interest in the matter to apply to the court for a vesting or other order to give effect to the proposed transaction. Alternatively, the person can seek an order directing the trustees for sale to carry out the transaction. The court is granted the authority to make any order it deems appropriate in such circumstances.
Section 30(1) LPA 1925
If the trustees for sale refuse to sell or to exercise any of the powers conferred by either of the last two sections, or any requisite consent cannot be obtained, any person interested may apply to the court for a vesting or other order for giving effect to the proposed transaction or for an order directing the trustees for sale to give effect thereto, and the court may make such order as it thinks fit.
Section 30(2) LPA 1925
The county court has jurisdiction under this section where the land which is to be dealt with in the court does not exceed the county court limit in capital value or net annual value for rating.
If the trustees for sale decline to sell or refuse to exercise powers granted by the previous Sections of the LPA 1925, or if obtaining requisite consent becomes unattainable, any person with an interest in the matter can approach the court. The court is vested with the authority to issue a vesting or other order to facilitate the proposed transaction. The court also has the power to issue an order directing the trustees for sale to carry out the transaction. The court has the discretion to make any order it deems fit, taking into account the specific circumstances of the case. The county court is specifically mentioned in Section 30(2) as having jurisdiction under this section. The county court can exercise jurisdiction in cases where the land involved does not exceed the county court limit in capital value or net annual value for rating.
In summary, Section 30 of the LPA 1925 provides a legal recourse for individuals with an interest in a property transaction to seek court intervention when trustees for sale refuse to act or when obtaining necessary consent proves challenging. The court is empowered to issue orders to enforce or direct the proposed transaction, with the county court having jurisdiction in certain circumstances.
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