Trusts of land

Trusts of land guidance:

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

Cohabitants do not have the same rights to make property claims as married couples or civil partners, and disputes between cohabitants regarding their beneficial...

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

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

An order may be made for the payment of an occupation rent where one party leaves a property owned beneficially by both parties and the other remains in occupation...

Practice Note

What is a Part 36 offer? A Part 36 offer is an offer to settle a claim, counterclaim or other additional claim (or any part or issue thereof) or an appeal or cross-appeal...

Practice Note

Pre-action protocol There is no specific pre-action protocol relating to claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996). Hence, the...

Practice Note

This Practice Note explains some of the most important procedural elements of the Civil Procedure Rules 1998 (CPR), SI 1998/3132 in relation to claims brought under the...

Practice Note

This Practice Note explains the distinction between the County Court and the High Court in relation to claims brought under the Trusts of Land and Appointment of Trustees...

Practice Note

This Practice Note explains the distinction between Parts 7 and 8 of the Civil Procedure Rules 1998 (CPR), SI 1998/3132 in relation to claims brought under the Trusts of...

Practice Note

Introduction By their nature, trusts offer commercial clients a flexible mechanism when it comes to structuring transactions. In recent years, the use of trusts for a...

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