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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Published on: 21 September 2018
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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 title (section 33 of the Land Registration Act 2002 (LRA 2002)) so as to bind any purchaser of the title in the event that A, post-purchase, declines to satisfy B’s interest. However, note that an ‘Equity by estoppel’ may be protected by notice from the time

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Purchase price definition
What does Purchase price mean?

The amount payable by a receivables purchaser to a client for a receivable assigned to it by the client, commonly calculated retrospectively as the amount received from a debtor towards the discharge of the receivable, less accrued discount and charges.

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