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This area covers when ownership of property is held or claimed under the principles of equity, including trusts and situations where beneficial ownership differs from the legal title. A solicitor helps clients establish or challenge who truly owns or controls property, drafts and executes declarations of trust, and advises on remedies where a trust is breached or misapplied. They also handle disputes over contributions, resulting or constructive trusts, and enforce or defend equitable rights in relation to land and other assets.
A solicitor identifies the precise trust or equitable mechanism at issue, describes how contributions or arrangements create or affect ownership, and manages disputes through negotiation, mediation, or court action. They work with deeds, declarations of trust, settlements, and, when relevant, applications to recover or protect equitable interests in property.
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