Q&As

Can a sole owner of a property enter into a declaration of trust with another party in which 10% of the ownership of the property is gifted to that party and then complete a transfer of equity that is registered with HM Land Registry?

read titleRead full title
Published on LexisPSL on 26/10/2016

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • Can a sole owner of a property enter into a declaration of trust with another party in which 10% of the ownership of the property is gifted to that party and then complete a transfer of equity that is registered with HM Land Registry?

It is always open to a sole owner to enter into a trust deed to determine the beneficial ownership of a property. If the property is registered the sole owner will continue to be registered as the sole legal owner but the true beneficial interest should be protected by a restriction. Generally a Form A restriction would be entered: ‘No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.’

If it is intended that the parties are both registered as legal owners then it would be necessary to c

Related documents:

Popular documents