What Is a Tracing Order

Tracing is a legal process, not a remedy, by which a claimant demonstrates what has happened to his/her property, identifies its proceeds and those persons who have handled or received them, and asks the court to award a proprietary remedy in respect of the property, or an asset substituted for the original property or …

What is tracing at common law?

At common law, it may be asserted where possession has passed but legal title remains with the claimant. As an accounting process, tracing is a mechanism used to establish whether and to what extent such an equitable remedy may be available.

What is traceable property?

An equitable remedy that allows persons to track their assets after they have been taken by FRAUD, misappropriation, or mistake. … The tracing of assets can be difficult once money is moved into bank accounts or property is sold and the proceeds used to purchase other property.