Cohabitation and Trusts of Land, 4th Edition by Elizabeth Darlington | 2023*

Cohabitation and Trusts of Land, 4th Edition by Elizabeth Darlington | 2023* 

Reflecting significant recent case law and developments in this rapidly evolving area of law, Cohabitation and Trusts of Land provides a practical guide to the complex issues that can arise in disputes between cohabitants. It offers detailed coverage of the substantive law alongside practical procedural guidance, precedents, and sample documents, allowing readers to identify and assess the available options efficiently. The work brings together comprehensive coverage of both property law principles and relevant family law, including Schedule 1 of the Children Act 1989, in a single, accessible text.

Key Features of Cohabitation and Trusts of Land, 4th Edition: 

• Provides clear and comprehensive explanations of the legal principles relevant to family breakdown involving cohabiting couples, including express, resulting and constructive trusts, as well as proprietary estoppel.

• Introduces the relevant legal principles before addressing practical considerations, practice and procedure.

• Offers step-by-step guidance on procedures under the Trusts of Land and Appointment of Trustees Act 1996 (TLATA) commonly encountered by family law practitioners.

• Contains dedicated coverage of civil procedure, particularly for practitioners whose experience is primarily within the family court system.

• Explains the usual processes for preparing and issuing applications, together with the relevant legislation and case law.

• Provides sample forms and precedents for use under both the Civil Procedure Rules and the Family Procedure Rules.

• Examines the legal foundations of claims to property interests arising from constructive and resulting trusts, including a detailed discussion of proprietary estoppel.

• Provides detailed analysis of equitable accounting, incorporating the most recent case law developments.

• Explores the legal principles governing the quantification of otherwise undefined property rights.

• Examines the provisions of the Trusts of Land and Appointment of Trustees Act 1996 (TLATA) and Schedule 1 of the Children Act 1989, including the orders available to the court, the persons entitled to apply, and the factors the court is required to consider.

• Considers the position of engaged couples and the substantive and procedural legal principles that apply to them.

• Addresses the role of intervenors in financial remedy proceedings and the practical issues that may arise in such cases.

• Examines Non-Court Dispute Resolution (NCDR) methods, including mediation, early neutral evaluation, private FDR or quasi-FDR, and arbitration, which are increasingly used as alternatives to conventional court proceedings in this area.

Table of Contents of Cohabitation and Trusts of Land, 4th Edition:

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
19. Appendix I Precedents and Forms
20. Appendix II Statutory Provisions

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