By using the device of the strict settlement the ownership of the property was divided over time by using limited freehold estates.

Provision could be made for the younger children of the landowner by giving them a capital sum on reaching a certain age or getting married (portions).

"He may legitimately exercise his powers with some, but not of course, an exclusive regard for his own personal interests" – per Vaisey J in Re Boston's Will Trusts 1956 Ch 395.

Under s 37 of the 1882 Act the tenant for life has the power to sell heirlooms so long as he gets a court order – Re Earl of Radnor's Will Trusts 1890 45 Ch D402.

Where land is involved the court will only intervene if the exercise of the power would financially affect the beneficiaries e.g. Re Earl Somers 1895 11 TLR 567.

One other situation where the courts will intervene is where the transaction is not bona fide or seems to involve an element of fraud, Middlemas v. Stevens (1901) 1 Ch.

Under s.3 of the 1882 act the life tenant has the power to sell or exchange land or any part of it or any interest right or privilege of any kind over or in relation to it.

Once these procedures are followed, on a sale by the tenant for life the purchaser receives the fee simple absolute in the land freed from all the interests attaching to it under the settlement.

Under s.45(3) the purchaser, if he is dealing in good faith with the tenant for life, is not required to satisfy himself that the requisite notice has been given to the trustees.

Another of the procedural requirements is that the sale proceeds or the capital money must be paid to the trustees of the settlements or into court – s22 of the 1882 Act.

Under s.54 on a sale, exchange, lease or mortgage a bona fide purchaser/lessee/ mortgagee shall if dealing in good faith with the tenant for life, be conclusively taken, as against the beneficiaries of the settlement, as having paid the best price that could reasonably be obtained and to have complied with all requisitions under the acts.

See obiter comments made by Black J in Gilmore v. The O'Conor Don 1947 IR 462 Section 6 allows a tenant for life to lease the land or any part of it.

There are certain conditions and restrictions – The general rule laid down in Re Wix 1916 1Ch is that the rent reserved in leases is to be treated as part of the tenant's income from the land.

Hughes v. Fanagan 1891 30 LR IR: the main aim of the trustees of the settlement is to protect the interests of those entitled in remainder.