Wills & Trusts Law Reports | Spring 2023 #190After Jayne Hathaway (JH) and Lee Hudson (LH) started a relationship in 1990, JH moved into LH’s home and became a joint owner. They had two sons together but did not marry. After selling their home, they bought another in joint names. In 2007 they sold that home and, with a mortgage, bought Picnic House in joint names. The mortgage payments were made from a joint bank account, into which the salaries of them both were paid. LH’s contributions towards the mortgage payments far exceeded those of JH.
In 2009, LH left JH and moved in with another woman, whom he later married. JH cont...
Wills & Trusts Law Reports | Spring 2022 #186H was married to W, and they had a son, T. They all lived in a property in Derbyshire (the property), which was owned by H. While T was a child and H was working abroad, H met M in the Philippines and formed a relationship with her. H and W separated, and W and T moved out of the property and into one owned by W. H retained the property as his home when in the UK. H and M had a child, J, and after that H, M and J moved to live together in the UK, in the property.
W petitioned for a divorce from H and a consent order in the financial remedy proceedings was approved by the judge and...
Sandra Clarke examines the factors that determine a contract for the disposition of an interest in land ‘The essential terms for a valid contract to sell land are the parties, the property and the consideration.’ The recent Court of Appeal decision in Rollerteam Ltd v Riley [2016] adds to the decided cases surrounding s2(1), Law …
Continue reading "Contract: A question of interpretation"
This post is only available to members.
What counts in law as an effective signature? Malcolm Dowden investigates in light of recent case law ‘The Court of Appeal decided that the old rules relating to typewritten “signatures” were inapplicable to the Law of Property (Miscellaneous Provisions) Act 1989, s2.’Apart from temper tantrums and fine food, King John, Henry VIII and Gordon Ramsay …
Continue reading "Signatures: Sign of the times"
This post is only available to members.
Heath Marshall reviews a case where oral terms were agreed as consideration for entering into the main contract, and arguments arose as to their validity ‘The principle therefore to be derived from North Eastern Properties is that s2 does not prevent parties to a composite transaction from separating the land contract from the rest of …
Continue reading "Conveyancing: The validity of collateral contracts and warranties"
This post is only available to members.
Kathleen Fitzgerald looks at two cases where the courts stuck to a rigorous application of the provisions of s2 ‘The need for formality means that negotiations to transact with land will not bind the parties before they are ready to commit fully to what is agreed between them.’ It is perhaps unsurprising in the current …
Continue reading "Contractual Formalities: Section 2 of the 1989 Act in the spotlight"
This post is only available to members.
