Trusts of land

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Creation

Trusts of land may:

  1. •

    be created expressly (section 53(1)(b) of the Law of Property Act 1925 (LPA 1925) requires that any declaration of trust ‘must be manifested and proved by some writing signed by some person who is able to declare such trust’): the declaration of trust may be contained in a transfer to the registered proprietors, in a separate trust deed, or in a separate (less formal) document, or

  2. •

    arise from the parties' conduct, or

  3. •

    be imposed by statute, eg where land is transferred to two or more persons (LPA 1925, ss 34, 36)

The register maintained by HM Land Registry records the ownership of the legal estate in the land. The register does not record the beneficial (equitable) interest (ownership of which may or may not be the same as the legal interest): accordingly the Land Registrar is not affected with notice of a trust and details of any trust will not be entered on the register. However, the rights of beneficiaries may be protected by an appropriate entry on the register

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