Trust of land meaning

This Procedural Guide explains how to pursue an application under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) by a trustee of land, or by a beneficiary with an interest in property held on a trust of land. It provides direction on: the threshold for bringing an application and the pre-action protocol Part 36 offers under the Civil Procedure Rules 1998 (CPR), SI 1998/3132 evidential needs and the range of orders the court may make An application under TOLATA 1996, s 14 can be brought by a trustee of land or a beneficiary with an interest in property subject to a trust of land. In addition, any other person with an interest in that property, for example a mortgage company, has standing to commence a claim. The court enjoys a wide discretion to make directions about the exercise of trustees’ functions, or concerning the character and scope of beneficiaries’ interests, which may include ordering a...

This Table The table provides practitioners with a convenient, practical overview of how a strict settlement contrasts with a trust for sale, helping ensure the appropriate grant application is properly made. It is intended to be read alongside Practice Note: Settled land grants for context as well...

FORTHCOMING CHANGE: On 11 March 2024, HM Treasury opened a consultation examining the effectiveness of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (SI 2017/692), which impose duties on a range of businesses to identify and prevent money laundering and terrorist financing. The government published its response on 17 July 2025, followed on 2 September 2025 by a draft statutory instrument and an accompanying policy note. The draft SI proposes a de minimis exemption from the requirement to register with the Trust Registration Service where, among other conditions, a trust with no UK tax liability also satisfies all of the following: it holds no interest in UK land; it holds no assets of significant value exceeding £2,000; it has not, since creation, held property with a cumulative value above £10,000; and its income does not exceed £5,000 per annum. This exemption would not be retrospective and would apply solely to new trusts set...

In this issue: Key developments and horizon scanning Transferring property Property insolvency Property taxes Easements, rights and covenants Property in Scotland Leasing property LexTalk®Property: a Lexis®Nexis community Additional property updates this week Daily and weekly news alerts Trackers New Q&As Key developments and horizon scanning Leasehold and Freehold Reform Act 2024 The Leasehold and Freehold Reform Act 2024 (LFRA 2024), which gained Royal Assent on 24 May 2024 and featured in last week’s highlights, has now been published. Sections 113 (controls on remedies for arrears of rent charges), 117 (recovery of legal costs etc through service charge), 118 (repeal of section 125 of the Building Safety Act 2022) and 119 (higher-risk and relevant buildings: insolvency notifications) take effect two months after Royal Assent (24 July 2024). The rest of LFRA 2024 will commence by regulations to be made by the new government after the election. See: LNB News 04/06/2024 14. ...

See Q&A A and B served each other with a mutual notice to sever their joint tenancy, yet only an uncertified copy survives. Shortly afterwards both executed wills indicating they regarded the joint tenancy as severed. A died soon after. A Form A restriction had not been placed on the register before A’s death. Can A’s executors now apply to enter a Form A restriction? In England and Wales, where property is co-owned, the registered proprietors (or the legal owners of unregistered land) hold the legal estate as joint tenants and hold it on trust for the beneficial owners—often themselves, though not invariably. The beneficial interest may itself be held either as joint tenants or as tenants in common...

In this issue: Disputes and remedies Enfranchisement and right to manage Repairing obligations and dilapidations LexTalk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts Dates for your diary Trackers Latest Q&A Disputes and remedies Application for an injunction to restrain the sale of properties failed (Matthews v Matthews (a protected party, by his deputy Anne Minihane)) In Matthews v Matthews (a protected party, by his deputy Anne Minihane) [2024] EWHC 2182 (Ch), the Chancery Division refused the claimant’s (R’s) bid for an injunction preventing the disposal of the defendant’s (F’s) properties. F, an elderly individual lacking capacity to manage his property and financial affairs, was represented by an interim deputy (M). R and F were second cousins with a long-standing connection through their farming interests. R had also previously served as F’s health and welfare attorney. To discharge F’s liabilities, M was instructed to sell three plots of agricultural...

This Practice Note consolidates the HMRC Manuals tracker that featured weekly in the Private Client highlights from January 2021 to December 2024, arranged by HMRC Manual in reverse chronological order. It captures many of the key amendments to the HMRC Manuals set out below that will interest Private Client practitioners. For the combined tracker from January 2025 onwards, see Practice Note: Consolidated HMRC Manuals tracker 2025–26–Private Client. Avoidance Handling Process Manual Pages amended • Date of change • Comments Added: AHP1000, AHP1200, AHP1300, AHP1400, AHP1450, AHP2000, AHP2100, AHP2200, AHP2300, AHP3000, AHP3100, AHP3200, AHP3300, AHP3400, AHP3500, AHP4000, AHP4100, AHP4200, AHP4300, AHP4350, AHP4400, AHP4500, AHP4550 and AHP4570 Date: 29 September 2023 Summary: This new manual sets out HMRC’s method for managing tax avoidance risks across all taxes and HMRC directorates, aiming for consistency and effectiveness. The overview sections describe what HMRC regards as tax avoidance, as distinct from lawful tax planning. They also outline the role of iTAPE, a specialist network within HMRC that leads...

CGT reliefs most relevant to Private Client Multiple reliefs exist to lessen or defer capital gains tax (CGT) arising on the disposals of both business and personal interests...

A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....

I give my freehold house and land at [ insert full address of house and land ] [ and called [ insert house and land name(s) if relevant ] ] to my trustees, on trust that, if my [ spouse OR civil partner [ insert full name of spouse or civil partner ] ] wishes, they shall let on a yearly tenancy at £[ insert amount of rent ] per annum, without right to assign, sublet, or part with possession [ save furnished lettings up to [ insert period in months ] months yearly ], provided my [ spouse OR civil partner ] keeps the premises in good tenantable repair and insured against fire. While my [ spouse shall not marry or form a civil partnership OR civil partner shall not form another civil partnership or marry ] and complies, any notice to end the tenancy is ineffective unless signed by all trustees; but after the [ remarriage or forming of a civil partnership by my spouse OR forming of...

Date [ date ] Parties [ name of first joint tenant ] of [ address ] [ name of second joint tenant ] of [ address ] (collectively referred to as Joint Tenants) background (A) Pursuant to [ [ a conveyance OR transfer ] OR an assent ] dated [ date ], entered into between (1) [ [ names of seller(s)/transferor(s) ] OR [ name(s) of personal representative(s) ] ]...

Date [ date ] Parties [ name of first joint tenant ] of [ address ] [ name of second joint tenant ] of [ address ] (collectively known as the Trustees) background (A) The Property set out in the Schedule (Property) is held by the Trustees on trust for themselves as tenants in common in equal...

Joint property ownership in England and Wales When property is owned jointly in England and Wales, it is held in two ways. The legal title shows the names under which the property is registered. Those legal owners hold it on trust for the beneficial owners (also called equitable owners). Beneficial owners are often the same as the legal owners, but need not be. Legal title is always held as joint tenants. Accordingly, the registered owners hold the property ‘per muy et per tout’: each owns the entirety rather than fixed shares...

Legal co-owners are equitable tenants in common—conversion to equitable joint tenancy Legal co-owners holding property for themselves as equitable tenants in common may, where they agree, opt to hold as equitable joint tenants by executing a fresh declaration of trust. Please consult Practice Note: Residential property—transfers of equity and dealings with equitable interests in residential conveyancing, paying particular attention to the main section Specific scenarios for guidance on that topic within that resource. You might also find these resources helpful: Trusts of land for property lawyers—Overview Trusts of land—overview ...

The Academies Act 2010 (AcA 2010) The Academies Act 2010 (AcA 2010) and regulations made under it authorise and set out provisions for the transfer of land from the local authority to the Academy Trust. Although Schedule 1 to the AcA 2010 permits an absolute transfer, guidance issued by the Department for Education in its Land Transfer Advice (April 2013) indicates that, in the overwhelming majority of instances, the transfer should ordinarily proceed by means of a 125-year lease to the Academy Trust, thereby safeguarding public land...