Q&As

A Declaration of Trust creates a tenancy in common whereby the sole legal owner confirms she holds the beneficial title to a property on trust for herself and a contributor as tenants in common. How should the Declaration of Trust be registered at HM Land Registry, and with which form?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 14/11/2017

The following Property Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A Declaration of Trust creates a tenancy in common whereby the sole legal owner confirms she holds the beneficial title to a property on trust for herself and a contributor as tenants in common. How should the Declaration of Trust be registered at HM Land Registry, and with which form?

Property in England and Wales is held in two manners. Legal ownership relates to the title to the property; in lay terms, in whose name the property is held. However, the legal owner will hold the property on trust for the equitable or beneficial owner. This will often be the same person, but does not have to be. The legal owner can hold a property on trust for themselves, for a third party, or for themselves and a third party. The beneficial ownership can be held as joint tenants (meaning that the beneficial owners each own the whole indivisibly, and on the death of one joint tenant the other becomes the sole owner by virtue of the doctrine of survivorship, meaning that, amongst other things, the interest of the deceased owner does not fall into their est

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