Trusts of land

In an appropriate specialist case, the experience available in the Property and Estates team is supplemented by practitioners from the 3PB Family Group with whom there is a reciprocal arrangement. This arrangement demonstrates the breadth of disciplines available in Chambers. It promotes flexibility in finding a barrister with exactly the right experience, particularly in relation to applications brought under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) and the Inheritance (Provision for Family and Dependants) Act 1975.

Consistent with this approach, Chambers has established the joint TOLATA group which includes specialist members of the Property and Estates team experienced in cases involving Trusts of Land issues such as addressing express, resulting or constructive trusts and extending to coextensive issues such as proprietary estoppel, misrepresentation and undue influence.

Members have considerable experience in advising and representing clients involved in situations that involve acrimonious co-ownership and trusts of land.

Our work is both contentious and non-contentious and concerns both domestic and commercial property and arrangements.

Cases involving Trusts of Land issues in other contexts are often more appropriately dealt with by practitioners from the Family Group – especially arising from a breakdown in relationships between partners or family members. Details of these specialists can be found here.

Working with our colleagues in Family Law, we provide advice and assistance to unmarried co-habitees, their parents and other relatives where disputed over beneficial, equitable property interests arise.