Proprietary Estoppel, Resulting & Constructive Trust Claims

Trust of Land, asset recovery and equitable claims

Disputes over property ownership and beneficial interests often arise where assets are held in one person’s name but another claims an interest. These cases are legally complex and frequently involve family members, former partners or business associates.

Our Private Wealth Disputes team advises on Trust of Land (TOLATA) claims, proprietary estoppel, and other equitable remedies, helping clients protect and recover assets in high-value and sensitive disputes.

Contact us

We offer a free, no-obligation initial consultation as well as flexible pricing options, tailored to your needs. Contact us for further information.

What are Trust of Land and equitable claims?

Trust of Land and equitable claims are disputes about who really owns property or assets, regardless of whose name they are registered in.

They commonly arise where:

property is jointly used but legally owned by one person
promises were made about future ownership
one party has contributed financially or otherwise
family or relationship arrangements have broken down
inheritance or succession expectations are disputed

Types of claims we advise on

We regularly advise on:

Trusts of Land (TOLATA) claims
proprietary estoppel claims
constructive and resulting trusts
beneficial interest disputes
asset recovery claims
claims involving family homes, investment property and farmland

When do these disputes arise?

These disputes often arise following:

relationship breakdowns
death of a family member
farming succession disputes
disputes between siblings
informal arrangements without legal documentation

Early advice is essential to preserve evidence and protect assets.

How are Trust of Land and equitable claims resolved?

Investigation and evidence gathering: We assess the history of the asset, contributions made and any representations relied upon.

Negotiation and mediation: Many disputes can be resolved without court proceedings, saving cost and preserving relationships.

Court proceedings: Where necessary, we issue or defend claims in the High Court or County Court.

Remedies available

Depending on the claim, the court may order:

declaration of beneficial interests
sale or transfer of property
compensation
enforcement of promises
recovery of misappropriated assets

Why choose Hugh James?

Clients choose us for our:

specialist expertise in complex property disputes
experience in high-value estates and family wealth
practical, evidence-led approach
ability to handle emotionally sensitive cases
strong track record in negotiation and litigation

Key contact

Roman Kubiak TEP

Partner

Roman Kubiak is a Partner and Head of the market leading Private Wealth Disputes team. He advises across the whole spectrum of private wealth disputes, with a particular focus on high value, complex and cross-border disputes including: trust disputes, breach of trust claims and applications to remove trustees; will disputes, particularly those with an international element; claims under the Inheritance (Provision for Family and Dependants) Act 1975; and claims for equitable relief under proprietary estoppel, constructive trusts and resulting trusts.