Q&As

Can a local authority act on the basis that a property is legally and beneficially owned by a resident where a non-registered trust deed exists?

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Published on LexisPSL on 27/07/2015

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • Can a local authority act on the basis that a property is legally and beneficially owned by a resident where a non-registered trust deed exists?
  • Trusts of land
  • Registration of legal interests
  • The effect of failure to register restriction

Trusts of land

This Q&A will only be applicable where the effect of the trust deed suggests that the legal owner as registered at HM Land Registry is in fact a trustee of a trust of land holding the land for the benefit of third party beneficiary/beneficiaries and as such has no beneficial interest.

English law has long recognised the distinction between legal and beneficial ownership which was codified in section 1(3) of the Law of Property Act 1925 (LPA 1925). The circumstances in which an equitable interest can be overreached are described in LPA 1925, ss 2–4. Formal requirements for disposal of interests in land are set out in LPA 1

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