Conveyancing / Tenancy / Land Equity & Trusts

A Practical Guide to TOLATA Claims

By Greg Williams
Law Brief Publishing June 2019

Specifications

ISBN-13
9781911035978
Publisher
Law Brief Publishing
Publication
June 2019
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

A practical guide to claims involving the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).

This work is intended to serve as a reference guide to the busy cohabitation practitioner. It comprises six chapters providing an insight into the points that typically arise in TOLATA claims:-

  • history and terminology;
  • the Act itself with commentary;
  • a detailed analysis of the leading cases including Stack v Dowden and Jones v Kernott;
  • an expanded case law section, including the domestic and investment context;
  • the taking of an account (equitable accounting);
  • and essential procedure (both family and CPR).
It will be of use to family and chancery practitioners alike, as well as litigants in person, arbitrators and any other person who wishes to more fully understand property law in the cohabitation context.

Table of Contents

Chapter 1 – An Introduction to TOLATA
Chapter 2 – The Mechanics of the Act
Chapter 3 – The Ascendancy of the Common Intention Constructive Trust
Chapter 4 – Extended Case Law
Chapter 5 – The Taking of an Account
Chapter 6 – Essential Procedure
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