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A slightly odd question maybe.

A slightly odd question maybe.

Postby shootist » Mon Feb 01, 2016 9:23 am

Trust law is complicated, I realise. But, in trying to deal with one particular issue I feel obliged to ask this question as a consequence of an approach by a particularly stubborn and determinedly dense, where legal issues are concerned, individual.

Is a document headed "Declaration of Trust", naming certain individuals as trustees, in which property of a number of tenants in common is transferred to "Trustees" named earlier in the document, and instructing the named 'trustees, to facilitate certain things, such as the assignment of a share in the land at the request of a tenant in common (beneficial owner?), signed as a deed by all owners (tenants in common) which signatures are witnessed by a solicitor, any positive indication that there is a trust in force that is legally binding?

I worry that I may be missing something about trust law.
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Re: A slightly odd question maybe.

Postby atticus » Mon Feb 01, 2016 9:51 am

Yes, it is an indication. Beyond that, it will be necessary to consider the declaration, and other documents.
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Re: A slightly odd question maybe.

Postby shootist » Mon Feb 01, 2016 9:57 am

Thanks for that. I thought it would be the case. Could you possibly give an indication of what other documents may be important?
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Re: A slightly odd question maybe.

Postby atticus » Mon Feb 01, 2016 10:15 am

The question is what documents there are. Clearly I do not have the answer to that question.

Land Registry title will be an obvious starting point. If the title is not registered, then the title deeds.
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Re: A slightly odd question maybe.

Postby shootist » Mon Feb 01, 2016 10:56 am

Thanks again. Those items are, to the best of my knowledge, in order an in line with the document of which I speak. I was concerned that there may be some obscure item or law I had not previously heard of, such as it cannot be a trust unless the trustees have three times walked widdershins around the document before signing it [humour alert there].

It can be difficult, sometimes, when you make a statement that, for instance, a document known to both parties, is a trust document, and someone then says, with all the assurance and certainty of unwarranted but total self confidence, that it is not, and when asked to evidence their opinion they say with exactly the same level of utter certainty and finality as a Yorkshireman at his hearth, "Because it isn't." as if that is proof positive sufficient for any court in the land.
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Re: A slightly odd question maybe.

Postby atticus » Mon Feb 01, 2016 11:00 am

Then you press for reasons. And you keep pressing until you get reasons. You ask what this document contains or fails to contain that leads to that conclusion, that kind of thing.

That should not be difficult for you.
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Re: A slightly odd question maybe.

Postby Millbrook2 » Mon Feb 01, 2016 11:09 pm

Then there is the 'you say it isn't I say it is so where do we go from here' strategy.
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Re: A slightly odd question maybe.

Postby shootist » Tue Feb 02, 2016 8:35 am

Thanks again for the input. There is no need for any further argument with the individual concerned, it was just my peace of mind. It's a bit like encountering a flat earther who speaks with such utter certainty that you are tempted to go look at a book on the subject, however foolish the notion.
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