BENEFICIAL OWNERSHIP

LEGAL AND BENEFICIAL OWNERSHIP

 

Disputes relating to legal and beneficial ownership of land and buildings often arise as a result of a lack of documentation. They arise in relation to both residential and investment properties. A very common example of the former is a dispute between an unmarried couple over their respective shares in a property. Another example is a family arrangement where ownership is registered in the name of one member of the family but it is not intended that he or she should be the sole beneficial owner. Disputes over the beneficial interests in commercial property are not quite so common, but there are still many examples in the context of family property investments particularly where informality rather than formality is the convention. The law of trusts (eg resulting and constructive trusts) usually comes into play where the true intention of the parties is unclear or disputed.

We have dealt with many of these disputes including claims relating to high value properties which often have an international element.