Trusts of Land

The question often arises as to who owns what share in property. The land register is supposed to be the mirror of all the ownership interests in relation to a particular property. For example, if the name of a joint owner of a house is not registered then that person will have to prove that there ownership (or interest) by showing that they made a financial contribution to the house. Another way to show ownership is to show that they were promised a property interest and acted on that promise to their detriment. This is called proprietary estoppel. The court is able to decide how much of the property belongs to each party and is held “on trust” by the registered owner. Similar principles apply to unregistered land.

The geographical reach of our network of specialist barristers is such that, subject to availability, we can offer representation at every Tribunal and court in England, Scotland and Wales.