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A Practical Guide to TOLATA Claims


ISBN13: 9781911035978
Published: June 2019
Publisher: Law Brief Publishing
Country of Publication: UK
Format: Paperback
Price: £49.99



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A practical guide to claims involving the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).

This work is intended to serve as a reference guide to the busy cohabitation practitioner. It comprises six chapters providing an insight into the points that typically arise in TOLATA claims:-

  • history and terminology;
  • the Act itself with commentary;
  • a detailed analysis of the leading cases including Stack v Dowden and Jones v Kernott;
  • an expanded case law section, including the domestic and investment context;
  • the taking of an account (equitable accounting);
  • and essential procedure (both family and CPR).
It will be of use to family and chancery practitioners alike, as well as litigants in person, arbitrators and any other person who wishes to more fully understand property law in the cohabitation context.

Subjects:
Property Law, Equity and Trusts
Contents:
Chapter 1 – An Introduction to TOLATA
Chapter 2 – The Mechanics of the Act
Chapter 3 – The Ascendancy of the Common Intention Constructive Trust
Chapter 4 – Extended Case Law
Chapter 5 – The Taking of an Account
Chapter 6 – Essential Procedure