Trusts of land

Trusts of land guidance:

Capacity to sell Trustees of land have all the powers of an absolute owner in relation to the land which is subject to the trust. A buyer from trustees of land is not...

Practice Note

Co-ownership Where property is purchased in the joint names of two or more co-owners a statutory ‘trust of land’ arises. Trustee Act 1925, s 34(2) limits the number of...

Practice Note

Constructive trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are resulting and implied trusts,...

Practice Note

Note: In practice, the terms ‘equitable’ and ‘beneficial’ tend to be used interchangeably when describing any interest in land which is not a legal estate (and in...

Practice Note

Section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) enables the court to make a declaration as to the nature and extent of a person’s...

Practice Note

Where two or more people together own real property, they hold it under a trust of land. Where property is held on a trust of land, the legal estate and equitable estate...

Practice Note

Cohabitants and other co-owners or co-occupiers of property, often fail to specify the extent of their respective beneficial interests in the shared home. This can create...

Practice Note

Dear [insert organisation name] Our Client: [ ] Your Client: [ ] Re: [insert property address] We act on behalf of [ ]. This is our letter of claim in relation to our...

Precedents

Dear [insert organisation or individual’s name] Our client: [insert name] [Property OR Land]: [insert address] Land Registry number: [insert Land Registry number] We are...

Precedents

To [insert name of second joint tenant] of [insert address of second joint tenant] I [insert name of first joint tenant] of [insert address of first joint tenant] your...

Precedents

Resulting trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are constructive and implied trusts,...

Practice Note

Severance is the process by which a joint tenancy is converted into a tenancy in common. It is a matter of evidence whether severance has occurred. There are limitations:...

Practice Note

The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) came into force on 1 January 1997. Under it: • the trust for sale is replaced by the trust of land •...

Practice Note

Part 7 or Part 8? Prior to April 2007, the practice direction to CPR 8 provided that where before 26 April 1999, a claim in the High Court was begun by an originating...

Practice Note

Under the provisions of section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), the court is able to make orders: • relating to the exercise...

Practice Note

Undue influence arises where the transaction is to the manifest disadvantage of the person subjected to the dominating influence. It is the abuse of a relationship of...

Practice Note