who has a right to occupy under a trust of land? What are the alternative conditions that must be satisfied under section 12, and what is meant by the second one? Do these conditions have to be satisfied only at the outset or must they continue to be satisfied for the beneficiary to remain in occupation? Does the legal owner have a right of occupation? Do beneficiaries with remainder or reversionary interests have such a right? If land is bought for an investment does any right of occupation arise?What do you think is meant by ‘unavailability’ and ‘unsuitability’ in section12(2)? In Chun v. Ho [2003] 1 FLR 23, Parker LJ stated that:There is no statutory definition or guidance as to what is meant by ‘unsuitable’ inthis context, and it would be rash indeed to attempt an exhaustive definition orexplanation of its meaning. In the context of the present case it is, I think, enough tosay that ‘suitability’ for this purpose must involve a consideration not only of thegeneral nature and physical characteristics of the particular property but also aconsideration of the personal characteristics, circumstances and requirements ofthe particular beneficiary. This much is I think, clear from the fact that the statutoryexpression is not simply ‘unsuitable for occupation’ but ‘unsuitable for occupationby him’, that is to say by the particular beneficiary
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