Cohabitation and Trusts of Land, 3rd Edition


Cohabitation and Trusts of Land, 3rd Edition

Nov 2016
(approx. USD238.46)
Taking into account important new case law decisions, Cohabitation and Trusts of Land takes a practical, simplified approach in setting out the complex issues encountered in cohabitation disputes. Containing procedural guidance, precedents, sample documents, checklists and clear explanations of the law, this work will enable you to quickly understand the options available.  
  • Clear and detailed explanations of the legal concepts which apply in cohabiting family breakdown situations, including express trusts, resulting trusts, constructive trusts.
  • First the book explains the law and then covers the practice and procedure. 
  • Step-by-step guidance to TLATA procedures encountered by family lawyers.
  • Includes practical civil court reference section, 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.
  • Checklists and bullet-point lists covering procedure and other relevant considerations for the practitioner 
  • Includes sample copies of the relevant forms and precedents, with advice on how to use them.
  • Section examining the authorities and awards which have been made to guide practitioners on likely outcomes in particular circumstances, and cite in support of application.
  • Analyses the principles on which claims to property rights under constructive and resulting trust are based, including analysis on the doctrine of proprietary estoppels.
  • 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
  • Easy to use digest of leading cases in this area including summary of main issues involved.
  • Uniquely brings together the issue of cohabitation and the Trusts of Land Act in a way no other publication does.
  • Covers Alternative Dispute Resolution
New to this edition:
  • A new chapter on Cohabitation Agreements
  • Augmentation of Practice and Procedure to include a specific precedents section and the “Jackson” reforms
  • A new chapter on Alternative Dispute Resolution (ADR) including mediation
  • Includes guidance on applications before the Property Chamber, First Tier Tribunal
  • Occupation Orders now covered
  • A new chapter on Third Party Interests – Intervening in Applications for Financial Provision
  • A new chapter on applications by Cohabitees under the Inheritance (Provision for Family and Dependants) Act 1975
  • Equitable accounting and occupation rent fully up-dated and covered in detail
  • New cases e.g. Jones v Kernott; Capehorn v Harris; Curran v Collins and Barnes v Phillips