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Cohabitation and Trusts of Land 4th ed

ISBN13: 9780414107045
Previous Edition ISBN: 9780414034969
Published: December 2023
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £155.00

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Taking into account important new case law decisions and developments in this expanding area of law, Cohabitation and Trusts of Land takes a practical approach in setting out the complex issues encountered in cohabitation disputes. Containing a detailed analysis of the substantive law, together with procedural guidance, precedents and sample documents, this work will enable you to quickly understand the options available. It helpfully covers both the relevant property law principles and family law (including Schedule 1 of the Children Act 1989) in detail, in one text.

  • Clear and detailed explanations of the legal concepts which apply in cohabiting family breakdown situations, including express trusts, resulting trusts, constructive trusts and proprietary estoppel.
  • Explains the law before covering practice and procedure.
  • Step-by-step guidance to TLATA procedures encountered by family lawyers.
  • Includes chapters covering civil procedure, written for those practitioners more familiar with the family court.
  • Sets out common procedures for preparing and making applications and explains the relevant cases and law.
  • Includes sample copies of the relevant forms and precedents under both the Civil Procedure Rules and the Family Procedure Rules.
  • Analyses the principles on which claims to property rights under constructive and resulting trust are based, including analysis of the doctrine of proprietary estoppel.
  • Detailed consideration of the law in relation to equitable accounting including the latest case law.
  • Examines the basis on which undefined property rights are quantified.
  • Details the provisions of the Trusts of Land and Appointment of Trustees Act 1996 (TLATA) and Schedule 1 of the Children Act 1989 outlining orders the court can make, who may apply and what the court must consider.
  • Considers engaged couples and the relevant legal principles applicable, including the substantive and procedural law.
  • Covers intervenors in financial remedy applications, including consideration of the practical issues which often arise.
  • Includes analysis of Non-Court Dispute Resolution (“NCDR”) options (mediation, early neutral evaluation, private FDR/quasi FDR and arbitration), increasingly used as an alternative to the traditional Court process in this area.

Equity and Trusts, Family Law
1. Introduction
2. Express Declarations of Trusts and Cohabitation Agreements
3. Setting Aside Express Declarations of Trust
4. Constructive Trusts
5. Resulting Trusts
6. Quantification of Beneficial Interests
7. Equitable Accounting and Occupation Rent
8. Proprietary Estoppel
9. The Trusts of Land and Appointment of Trustees Act 1996—Substantive Provisions
10. Property Chamber, Land Registration, First-Tier Tribunal
11. Practice and Procedure
12. Costs and Pt 36 Offers
13. Dispute Resolution
14. Engaged Couples
15. Occupation Orders
16. Schedule 1 to the Children Act 1989
17. Third Party Interests—Intervening in Applications for Financial Relief
18. Applications by Cohabitees Under the Inheritance (Provision for Family and Dependants) Act 1975
Appendix I Precedents and Forms
Appendix II Statutory Provisions