Entering into a declaration of trust
It is always advisable for co-owners who hold property as tenants in common to enter into a declaration of trust to:
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Confirm the extent of their respective beneficial interests.
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Set out any express terms that the co-owners want to include. These might include provisions to deal with a situation where one of the co-owners wants to sell or practical arrangements for day-to-day issues such as how the parties will arrange for maintenance and meet other expenses related to the property.
Joint Land Registry and Law Society practice note: Joint ownership (January 2013) explains how important it is for conveyancers to advise joint buyers on co-ownership issues at the time they acquire the property and to record their intentions in a declaration of trust, particularly when they are buying the property in unequal shares. For more information, see:
In the case of a commercial property transaction, the parties will need to have decided beforehand whether a trust of land is, in fact, the most suitable structure. For more information, see Joint venture structure .
For links to Practical Law’s materials on jointly owned land and drafting, interpreting and negotiating a declaration of trust, see Co-ownership and trusts of land toolkit .