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The Trusts of Land and Appointment of Trustees Act 1996 (TLATA) is the legislation used to determine interest in and occupation of property where matrimonial law does not apply. This work explains the practice and procedure in TLATA work for family solicitors engaged in property disputes between cohabiting or other unmarried couples.
This text is an in-depth analysis of what is considered by some as one of the most significant changes to the Law of Property Act since its inception.
This work comprises six chapters providing an insight into the points that typically arise in TOLATA claims. 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.
This consultation paper considers options for reform of the current law in relation to the property and financial rights of cohabiting couples (either opposite-sex or same-sex couples) when a relationship ends. Although the paper does discuss the situation in relation to when one of the partners dies, it focuses on whether a new scheme is needed to provide financial remedies on separation when a relationship breaks down. Amongst the provisional proposals, the Committee identifies the need for the introduction of new statutory remedies to address the separation of cohabiting couples who have children; however the situation for cohabitants without children is found to raise more difficult social policy questions and the views of consultees are sought about their eligibility within the proposed scheme. Other proposals include: that courts should be given discretion in determining financial claims on separation (rather than having fixed rules for property division) based on principles of the contributions of both parties to the joint household and to the welfare of dependent children both before and after separation; with the provision for an opt-out agreement for couples under the proposed statutory scheme. Responses to the proposals should be received by 30th September 2006 and a final report is due to be published by August 2007. An overview document summarising the key issues considered is available separately (ISBN 011730266X).
This title provides full coverage of the property, trusts and succession parts of the LLB syllabus in Scotland in one convenient volume. The relevant rules of statute and common law are surveyed and frequent examples used, making this a highly practical and accessible text. Key contents include: Personal and real rights, and types of property; Ownership and how it is transferred; Land registration; Possession; Subordinate real rights, including servitudes, real burdens, leases and securities; Proper and improper liferents; Trusts: constitution, administration and termination; Testate succession; Intestate succession; Execution of documents; Human rights; Appendix on the feudal system. Whilst aimed primarily at undergraduates, this important title will also prove a useful source of reference to practitioners seeking an introduction to this area of law.
Unlocking Land Law will help you grasp the main concepts of this core subject with ease. Containing accessible explanations in clear and precise terms that are easy to understand, it provides an excellent foundation for learning and revising land law. The information is clearly presented in a logical structure and the following features support learning, helping you to advance with confidence: clear learning outcomes at the beginning of each chapter set out the skills and knowledge you will need to get to grips with the subject; key facts summaries throughout each chapter allow you to progressively build and consolidate your understanding; end-of-chapter summaries provide a useful check-list for each topic; cases and judgments are highlighted to help you find them and add them to your notes quickly; frequent activities and self-test questions are included so you can put your knowledge into practice; sample essay questions with annotated answers prepare you for assessment. This 7th edition has been extensively rewritten and updated to include discussion of recent changes and key developments in land law. These include the different ways in which the Covid-19 pandemic has affected property transactions, and the changes in the rules with regard to electronic signatures and the witnessing of wills, as well as coverage of key recent cases and judgments, and their effect on the law.
Complete Equity & Trusts is supported by clear author commentary, choice extracts, and useful learning features. The explanations and examples in this textbook have been crafted to help students hone their understanding of trusts law. The Complete titles are ambitious in their scope; they've been carefully developed with teachers to offer law students more than just a presentation of the key concepts. Instead they offer a complete package. Only by building on the foundations of the subject, by showing how the law works, demonstrating its application through extracts from cases and judgments, and by giving students the tools and the confidence to think critically about the law will they gain a complete understanding. This book is accompanied by free online resources, which feature resources for students and lecturers including the following: - Guidence for answering end-of-chapter questions in the book - Self-test question with instant feedback - A flashcard glossary of key terms - Updates on legislation and case law
A considered balance of depth, detail, context, and critique, Directions books offer the most student-friendly guide to the subject; they empower students to evaluate the law, understand its practical application, and approach assessments with confidence.