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McFarlane, Hopkins & Nield: Land Law Text, Cases & Materials

Chapter 21

In this chapter, we analyse the case law arising from applications for sale of co-owned land brought by creditors of one of the co-owners under section 15 of TOLATA and trustees in bankruptcy, under section 335A of the Insolvency Act 1986. This case law is discussed by Hopkins “Regulating Trusts of the Home: Private Law and Social Policy” (2009) 125 LQR 310 in the context of an analysis of the courts’ different approaches to regulation of the home. This article is relevant to chapters 18-21 and is further discussed in the online materials that accompany chapter 18.

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