Transcription of LIFE AFTER KERNOTT V JONES - Guildhall Chambers
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LIFE AFTER KERNOTT V JONES - Guildhall Chambers
LIFE AFTER KERNOTT V JONES . Tim Walsh, Guildhall Chambers Claims under the Trusts of Land and Appointment of Trustees Act 1996 generally 1. Claims under the Trusts of Land and Appointment of Trustees Act 1996 ( TLATA ) are invariably claims under section 14 of that Act for an order declaring the nature and extent of a person's interest in property subject to a trust of land (under section 14(2)(b)) and/or for an order for sale of the property (under section 14(2)(a)). To have locus to bring a claim a party must, of course, establish that they are either a trustee of land or have an interest in the property subject to a trust of land. 2. Disputes in TLATA claims usually fall into one or more of the following classes: (i) Claims against the legal owner of property by a Claimant not named in the title documents at all.
3 Declarations of trust 11. In Pettitt v Pettitt ([1970] AC 777) Lord Upjohn stated that an express declaration of trust “necessarily concludes the question of title…for all time”.
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