Trusts of Land and Appointment of Trustees Act 1996 (TOLATA): Primary legislation governing property ownership and rights between co-owners. Provides the fundamental framework for resolving disputes about property ownership and rights between parties who share interests in land.
Law of Property Act 1925: Foundational legislation that defines legal estates in land and establishes the fundamental rules for co-ownership of property in England and Wales.
Civil Partnership Act 2004: Legislation that may be relevant if the parties were in a civil partnership, as it affects property rights and financial arrangements between civil partners.
Limitation Act 1980: Sets out the statutory time limits for bringing different types of claims relating to property and other matters.
Resulting and Constructive Trusts: Common law principles that determine beneficial ownership of property where legal title doesn't reflect the true ownership intentions or contributions of the parties.
Proprietary Estoppel: Common law doctrine that protects a party who has relied on assurances about property rights to their detriment.
Contract Law Principles: Fundamental principles including offer, acceptance, consideration, and intention to create legal relations, essential for creating a valid agreement.
Land Registration Act 2002: Governs the registration of land in England and Wales and the recording of interests affecting registered land.
Family Law Act 1996: Relevant for determining occupation rights in property, particularly in cases of relationship breakdown.
Children Act 1989: Key legislation that may be relevant if children are involved in the property settlement, particularly regarding their living arrangements.
Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract, which could be relevant if the agreement affects others' rights.
