Sarah Greenan examines equitable accounting and the circumstances in which an occupation rent may be payable The decision in Akhtar v Hussein [2012] is an endorsement by the Court of Appeal that in a straightforward case the starting point will be that an occupation rent should be payable to the ousted party and that should …
Continue reading "Equity: Clarifying intentions"
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Mark Pawlowski considers the Court of Appeal’s decision in Pankhania v Chandegra, which discusses whether express declarations of trust are conclusive The Law Commission endorsed the conclusive nature of the declaration of trust in the context of transfers of title to joint owners, stating that, ‘it is essential that courts strictly enforce declarations of trust …
Continue reading "Trusts And Property: Declarations of trust in the family home"
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Ruth Hughes considers the requirements of actual occupation and the level of involvement in a mortgage grant that will prevent a co-owner from claiming priority over the mortgagee A vivid example of the principle that a person prevented from being at a property against his will can nevertheless be in actual occupation of it is …
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Graeme Fraser examines the complexities of applying strict proprietary principles to financial remedy cases when dealing with intervenors’ interests Compelling evidence is required to infer that (subsequent to the purchase of the property) the parties intended a change in the shares in which the beneficial ownership is held As the outlook for future growth in …
Continue reading "Intervenors: Shared interests"
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Mark Pawlowski considers the Court of Appeal’s decision in Pankhania v Chandegra, which discusses whether express declarations of trust are conclusive An express trust may only be challenged on specific grounds that permit rescission or rectification of the formal document. It is accepted as established law that, where the parties execute a trust expressly declaring …
Continue reading "Trusts And Property: Declarations of trust in the family home"
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Wills & Trusts Law Reports | January/February 2013 #126The claimant appealed from the decision of Judge Charles Harris QC to dismiss his claim seeking an order for sale of 7 Cossington Street, Leicester (the property) and the division of the sale proceeds in equal shares between him and the defendant. A declaration had been made by the judge that beneficial ownership of the property was vested solely in the defendant, despite the property having been conveyed into the joint names of the claimant and defendant. A simultaneous express declaration of trust had been made in the transfer declaring that the parties were to hold the property as ten...
Fiona Wilson examines the approach to evidence and contributions in recent sole name cohabitant cases If the property-owning party does not want the other to acquire an interest in the property, draw up a living together agreement that makes it clear that there is no intention that that is what is to happen. When the …
Continue reading "Cohabitants: Fair shares"
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Mark Pawlowski considers some potentially far-reaching implications arising from recent case law on ownership of the family home ‘In the case of a purchase in joint names, the presumption of joint ownership in law and equity prevailed in the absence of contrary intention at the time of purchase or following acquisition of the property.’The Supreme …
Continue reading "Beneficial Ownership: Fair shares"
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Lyndsey West and James Lister revisit cohabitants’ property interests on separation in the Supreme Court decision in Jones v Kernott ‘While the decision as to the result in Jones was unanimous, the conclusion was reached in different ways. The principle source of disagreement revolved around the question of whether it was open to the court …
Continue reading "Trusts And The Family Home: No clarity for cohabitants"
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Claire Stewart contemplates recent case law on disputed ownership in the light of Jones v Kernott ‘Traditionally, a constructive trust will arise in equity where it would be unconscionable to allow a legal owner of a property to retain the beneficial ownership of it.’ This article will consider the recent judgment of the Court of …
Continue reading "Trusts: Silence is golden"
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