Trusts of Land & Appointment of Trustees Act 1996 for Property Lawyers - Unravelling the Complexities

Introduction

At the Property Litigation Association’s ‘Great Debate’ event in 2025, the area of property law voted as most in need of reform was beneficial co-ownership of property and the law of trusts concerning the family home.

Until the law is reformed, this remains a contentious and complex area of law for property practitioners at the interface of property, trusts and family. The Trusts of Land and Appointment of Trustees Act 1996 gives the courts a broad jurisdiction to make orders regulating co-ownership and this virtual classroom seminar will address key powers under the Act.

What You Will Learn

This live and interactive course will cover the following:

• A reminder of the fundamental principles and case law update, including:
• What is the ‘common intention constructive trust’ and when does it apply?
• What does it mean to ’sever’ a joint tenancy and why is this important?
• The differences between when a property is registered in one co-owner’s name and more than one name
• TOLATA 1996 - the remedies available to a court
• Orders for sale and s.14 TOLATA - when will the court order a sale against a co-owner’s wishes? What can be done if an order is made and one co-owner refuses to co-operate and stifles the court-ordered sale?
• Procedure - how to bring a claim and whether it is a Part 7 or Part 8 matter

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.