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?
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
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