Q&As

In a claim under the Trusts of Land and Appointment of Trustees Act 1996 or Married Women's Property Act 1882, where the parties were engaged and the property was held in one party's sole name, if the other party carried out substantial works to the property, how can those works be valued in respect of their claim for a beneficial interest?

read titleRead full title
Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 10 July 2023
imgtext

Property in England and Wales is held on a trust of land. This means that the person in whose name the property is in (the legal owner) holds the property on trust for the beneficial owner. Ordinarily the legal owner and the beneficial owner are one and the same and there is a presumption to this effect (see generally Stack v Dowden and Jones v Kernott). Section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) entitles any person who is a trustee of land or has an interest in property subject to a trust of land to make an application to the court for an order relating

Chris Bryden
Chris Bryden

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

Powered by Lexis+®
Jurisdiction(s):
United Kingdom

Popular documents