Q&As

Where the legal title to a property is held 100% in party A's name but B has a beneficial interest in the proceeds of sale by virtue of having contributed to the purchase price (or some other Trusts of Land and Appointment of Trustees Act 1996 claim), can party B apply to register a Restriction against the title?

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Produced in partnership with Desmond Kilcoyne
Published on LexisPSL on 21/09/2018

The following Property Q&A produced in partnership with Desmond Kilcoyne provides comprehensive and up to date legal information covering:

  • Where the legal title to a property is held 100% in party A's name but B has a beneficial interest in the proceeds of sale by virtue of having contributed to the purchase price (or some other Trusts of Land and Appointment of Trustees Act 1996 claim), can party B apply to register a Restriction against the title?

Where the legal title to a property is held 100% in party A's name but B has a beneficial interest in the proceeds of sale by virtue of having contributed to the purchase price (or some other Trusts of Land and Appointment of Trustees Act 1996 claim), can party B apply to register a Restriction against the title?

When B has made a contribution to the purchase price of property purchased in the name of A, a resulting or constructive trust arises; and it follows that the land is then held by A on trust for both A and B beneficially. B’s interest—which is ‘an interest under a trust of land’—cannot, however, be protected by the entry of a notice on the register for the

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