Legal and Beneficial Ownership

LEGAL AND BENEFICIAL OWNERSHIP

A lack of documentation is usually the root cause of disputes related to legal and beneficial ownership of land and buildings. Such disputes arise with respect to both investment and residential properties. A fairly common example of the latter is a dispute between and unmarried couple over their respective shares in a property. Another common example is a family arrangement in which ownership is registered in the name of one member of the family but not all members want him/her to be the sole beneficial owner. Disputes over the beneficial interests in commercial property do not arise that often, but still there are many examples in the context of formality being the convention. The law of trusts (e.g. resulting and constructive trusts) generally comes into the fore when the true intention of the parties is disputed or unclear.

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