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Paper 1 · Lesson 2 — Land, Title Types, Capacity, Powers of Attorney and Fixtures

Capacity to hold land

Capacity of natural persons (age 21 to own / trust; age 18 to lease with a 3-year cap under 21) and of entities (company/LLP vs partnership/sole proprietorship/society).

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Question 1

A young man of nineteen has been left a sum of money and wants to buy a small apartment in his own name to live in. His uncle tells him he is too young to hold the property himself and that something must be done to hold it for him until he is older.

Which statement is correct?

  1. A. He may buy and hold the apartment himself, being over eighteen and of sound mind.
  2. B. He may not own it yet; below the age of majority the property must be held on trust.
  3. C. He may own it provided his parents give their written consent to the purchase.
  4. D. He may own it, but only jointly with an adult named alongside him on the title.
Show the answer and full explanation

Answer: B

The rule. To own land a person must have reached the age of majority, twenty-one. Below that age the property must be held for him on trust.

Why B is correct. At nineteen he is below the age of majority, so the apartment must be held on trust for him.

The other options.

  • A treats eighteen as enough to own land, which is the leasing age, not the owning age.
  • C and D try to cure the incapacity with a parent's consent or an adult co-owner, when the answer is a trust.

Exam note. Two ages run through this lesson: eighteen to lease, twenty-one to own. Nineteen is placed to catch the candidate who remembers only one of them.

To own land a person must have reached the age of majority, twenty-one →

Practise it under exam conditions

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