Property rights

Property rights guidance:

This Practice Note provides guidance on case law in relation to claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), including the leading...

Practice Note

This Practice Note provides an introduction to claims that may be made by cohabitants under Scottish law by virtue of the statutory scheme contained in sections 25 to 29...

Practice Note

This document provides general guidance regarding the property rights of cohabitants and claims under the Trusts of Land and Appointment of Trustees Act 1996. Your family...

Precedents

Cohabitants do not have the same rights to make property claims as married couples or civil partners, and disputes between cohabitants regarding their beneficial...

Practice Note

Section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) enables the court to make a declaration as to the nature and extent of a person’s...

Practice Note

There are a number of circumstances in which the costs provisions of the Civil Procedure Rules 1998 (CPR), SI 1998/3132 will apply to proceedings conducted by family...

Practice Note

Notices and restrictions may be used to afford some limited protection of an asset comprising land or property, which comprises registered land, in respect of which an...

Practice Note

Cohabitants have more limited rights of occupation than spouses, civil partners and former spouses and civil partners. The relevant legislation is the Family Law Act 1996...

Practice Note

An order may be made for the payment of an occupation rent where one party leaves a property owned beneficially by both parties and the other remains in occupation...

Practice Note

What is a Part 36 offer? A Part 36 offer is an offer to settle a claim, counterclaim or other additional claim (or any part or issue thereof) or an appeal or cross-appeal...

Practice Note

Pre-action protocol There is no specific pre-action protocol relating to claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996). Hence, the...

Practice Note

This Practice Note explains some of the most important procedural elements of the Civil Procedure Rules 1998 (CPR), SI 1998/3132 in relation to claims brought under the...

Practice Note

This Practice Note explains the distinction between the County Court and the High Court in relation to claims brought under the Trusts of Land and Appointment of Trustees...

Practice Note

This Practice Note explains the distinction between Parts 7 and 8 of the Civil Procedure Rules 1998 (CPR), SI 1998/3132 in relation to claims brought under the Trusts of...

Practice Note