Who can bring such a Claim?

Claims are invariably brought under Section 14 if the Act for an Order declaring the nature and extent of a person's interest in property subject to a trust of land and/or for an order for sale of the property (Section 14(2)(a). To bring a claim, a party must establish that they are either a trustee of land or have an interest in the property subject to a trust of land. The disputes are either:

(a) Claims against the legal owner by a claimant not named in the title documents;
(b) Disputes as to the share of beneficial ownership between joint legal owners where there is no declaration of trust.
(c) Disputes between former cohabitees as to whether a property should be sold following the breakdown of the relationship.
(d) Accounts i.e. disputes as to whether one or other party is entitled to recompense for exceptional contributions made before or after breakdown.

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