Q&As

An application has been brought under the Trusts of Land and Appointment of Trustees Act 1996 in which the applicant is claiming an interest in a property by way of estoppel/constructive trust. That property has been sold. Can the applicant register a restriction against dealings at HM Land Registry against the property that has been purchased by the respondent with the net proceeds of sale of the original property and if so which is the appropriate form to use?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 02/07/2020

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

  • An application has been brought under the Trusts of Land and Appointment of Trustees Act 1996 in which the applicant is claiming an interest in a property by way of estoppel/constructive trust. That property has been sold. Can the applicant register a restriction against dealings at HM Land Registry against the property that has been purchased by the respondent with the net proceeds of sale of the original property and if so which is the appropriate form to use?

The court has the power under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) to make a declaration as to the beneficial ownership of real property. Property in England and Wales is held in two ways where that property is jointly owned. The legal ownership establishes who has paper title to the property. The legal owners will, if the property is registered, be named as the legal owners of the property at HM Land Registry.

The equitable ownership of the property is not

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