Trusts of land

Trusts of land

Where two or more people together own real property, they hold it under a trust of land. Where property is held on a trust of land, the legal estate and equitable estate are separate. The legal estate must be held by the co-owners as joint tenants. The beneficial interest in the property can, however, be held by the co-owners either as:

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joint tenants; or
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tenants in common

If the co-owners are joint tenants, each has an indivisible share in the property where each owns the whole, rather than an identifiable share of the property. The right of survivorship applies so that on the death of one joint tenant, the deceased's interest

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Latest Property Disputes News

Property Disputes weekly highlights—21 November 2024

This week's edition of Property Disputes weekly highlights includes: a Court of Appeal case on the court’s jurisdiction to vary a suspended possession order, Upper Tribunal decisions on the impact on limitation of non-payment of an application fee, and the reasonable repair assumption in determining rateable value, and a High Court case regarding adverse possession and trespass. It also includes the launch of the Law Commission’s consultation on the right to renew business tenancies under Part 2 of the Landlord and Tenant Act 1954, as well as the UK Judiciary’s release of the Senior President of Tribunals’ annual report for 2024.

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Court had jurisdiction to vary and convert suspended order to outright possession order (Kerr v Poplar HARCA)

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