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Text of the Trusts of Land and Appointment of Trustees Act 1996 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. The Trusts of Land and Appointment of Trustees Act 1996 ( c 47 ), usually called "TLATA" or "TOLATA", is an Act of Parliament of the United Kingdom, which altered the law in relation to ...
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Mortgage Corporation v Shaire [2001] Ch 743 [1] is a widely reported English land law case relating to the Trusts of Land and Appointment of Trustees Act 1996.Such a status specifically flowed from an instance of non est factum mortgage fraud where the mortgage lender and the defrauded co-owner wished to accelerate and delay sale respectively.
The modern law's sources derive from the old courts of common law and equity, and legislation such as the Law of Property Act 1925, the Settled Land Act 1925, the Land Charges Act 1972, the Trusts of Land and Appointment of Trustees Act 1996 and the Land Registration Act 2002. At its core, English land law involves the acquisition, content and ...
Trusts of Land and Appointment of Trustees Act 1996 (c. 47) The primary aim of the Settled Land Acts 1882 to 1890 was, as Lord Halsbury stated in Bruce v. Ailesbury, [1] "to release the land from the fetters of the settlement – to render it a marketable article not withstanding the settlement".
Jones v Kernott [2011] UKSC 53 is a decision by the UK Supreme Court concerning the beneficial entitlement to a co-owned family home under a constructive trust.The court ruled there was a 90:10 split of ownership in favour of the main child-caring partner who contributed 80% of the equity to the home in which she lived.
Curiously, there is no requirement that the defendant be found guilty in criminal proceedings; in Re Sigsworth, [28] it was decided that claims can be brought without criminal proceedings having taken place providing the defendant is held up to the criminal standards of guilt in the equity case.
53(1)(b) of the Law of Property Act 1925 requires that "a declaration of trust respecting any land or any interest therein must be manifested and proved by some writing signed by some person who is able to declare such trust or by his will". section 53(1)(a) said "no interest in land can be created or disposed of except by writing signed by the ...