What is the difference between legal and beneficial ownership?
The legal owner of a property is the person registered as proprietor at HM Land Registry, whereas the beneficial owner is the person entitled to the benefit of the property, including its sale proceeds and any income. Often they are the same person, but frequently they are not, for example where one family member is on the title but another paid the deposit or the mortgage.
We advise on disputes concerning real estate of the following kinds.
Legal ownership
Remedying situations in which a party has been wrongly named on, or omitted from, the Land Registry title, including applications to alter the register.
Beneficial ownership
Clarifying the extent of the parties’ respective beneficial interests, for example the shares in which the net proceeds of a sale should be divided, whether under an express declaration of trust or by establishing a resulting or constructive trust.
Unravelling complex trusts of land
The Land Registry register often provides no information about the beneficial ownership of land. Careful examination of historic documentation, contributions and the parties’ dealings can clarify the position.
Orders for sale
Problems arise when two co-owners have different objectives for a property, for example where one wishes to sell and the other to remain. In appropriate cases we obtain an order for sale, or for a transfer, from the court under the Trusts of Land and Appointment of Trustees Act 1996.
Non-performance of contractual obligations
Breaches of contractual obligations relating to real estate often have major financial consequences for the innocent party, whether a co-owner, a landlord or a buyer. Swift action to remedy the breach and recover lost sums is required, and we can assist.