Interest in Land in UK Law

Leading Cases
  • Irani Finance Ltd v Singh
    • Court of Appeal (Civil Division)
    • 22 Junio 1970

    Even to hold that they have equitable interests in the land for a limited period, namely until the land is sold, would, we think, be inconsistent with the trust for sale being an "immediate" trust for sale working an immediate conversion, which is what the Law of Property Act envisages (see Section 205(1) (xxix)), though, of course, it is not in fact only such a limited interest that the Appellants are seeking to charge.

  • Lloyds Bank Plc v Rosset and Others
    • House of Lords
    • 08 Mayo 1990

    The first and fundamental question which must always be resolved is whether, independently of any inference to be drawn from the conduct of the parties in the course of sharing the house as their home and managing their joint affairs, there has at any time prior to acquisition, or exceptionally at some later date, been any agreement, arrangement or understanding reached between them that the property is to be shared beneficially.

  • Yaxley v Gotts and another
    • Court of Appeal (Civil Division)
    • 24 Junio 1999

    Plainly there are large areas where the two concepts do not overlap : when a landowner stands by while his neighbour mistakenly builds on the former's land the situation is far removed (except for the element of unconscionable conduct) from that of a fiduciary who derives an improper advantage from his client. But in the area of a joint enterprise for the acquisition of land (which may be, but is not necessarily, the matrimonial home) the two concepts coincide.

  • Crabb v Arun District Council
    • Court of Appeal (Civil Division)
    • 23 Julio 1975

    If I may expand that, Lord Cairns said: "It is the first principle upon which all Courts of Equity proceed", that it will prevent a person from insisting on his strict legal rights — whether arising under a contract, or on his title deeds, or by statute — when it would be inequitable for him to do so having regard to the dealings which have taken place between the parties, see Hughes v. Metropolitan Railway (1877) 2 A.C. at page 448.

  • Lloyds Bank Plc v Rosset
    • Court of Appeal (Civil Division)
    • 13 Mayo 1988

    If this is right, the pieces of the jigsaw fit together reasonably well. A purchaser or mortgagee inspects and enquires before completion, in the established fashion. If it does not, then subsequent entry of a person into occupation before the transfer or mortgage has been registered (and "completed" for the purposes of section 19) does not have the consequence of creating an overriding interest under paragraph (g) in relation to that freehold or mortgage.

  • City of London Building Society v Flegg
    • House of Lords
    • 14 Mayo 1987

  • Williams & Glyn's Bank Ltd v Boland
    • House of Lords
    • 19 Junio 1980

    It is clear, at least, that the interests of the co-owners under the "statutory trusts" are minor interests—this fits with the definition in section 3(xv). But I can see no reason why, if these interests, or that of any one of them, are or is protected by "actual occupation" they should remain merely as "minor interests". And, moreover, I find it easy to accept that they satisfy the opening, and governing, words of section 70, namely, interests subsisting in reference to the land.

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Legislation
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Books & Journal Articles
  • A New Equitable Interest In Land*
    • Nbr. 16-1, January 1953
    • The Modern Law Review
  • Teleological Interpretation and Land Law
    • Nbr. 58-5, September 1995
    • The Modern Law Review
    It may also be presumed that contracts for the sale or other disposition of an interest in land (including leases) fall outside [the] provisions of [the Unfair Terms in Consumer Contracts Directive...
    ...... Interpretation and Land Law Mark Attew* It may also be presumed that contracts for the sale or other disposition of an interest in land (including leases) fall outside [the] provisions of [the Unfair Terms in Consumer Contracts Directive] (Chiffy on Contracts, ......
  • LEARNER'S LICENCE
    • Nbr. 17-3, May 1954
    • The Modern Law Review
    ...... A new interest, if it is to be capable as such of affecting third rties acquiring land, must be an interest in land-a right in rem. The mere ......
  • Law Com. 181: Reforming Trusts of Land
    • Nbr. 52-5, September 1989
    • The Modern Law Review
    ...... be put to good use.16 The example given is of an arrangement in which a surviving spouse is to be given a life interest in land, during which period he or she is to have at his or her disposal all the powers of an absolute owner, including ......
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Law Firm Commentaries
  • The Register Of Persons Holding A Controlled Interest In Land
    • Mondaq UK
  • Permitted use restrictions and competition law – when is a restriction too restrictive?
    • LexBlog United Kingdom
    For a long time, land agreements, namely agreements between businesses which create, alter, transfer or terminate an interest in land, were excluded from the application of the UK’s Competition Act...
    ...For a long time, land agreements, namely agreements between businesses which create, alter, sfer or terminate an interest in land, were excluded from the application of the UK’s Competition Act ......
  • Land Reform And Community Engagement Update
    • Mondaq UK
    ...... Register of Controlling Interest in Land. There is to be a public register of persons who have controlling interests in ownership or tenants of land. The Register, intended to ......
  • SDLT In Budget 2011
    • Mondaq United Kingdom
    ...... three changes to ensure or put beyond doubt that certain stamp duty land tax avoidance schemes are ineffective. The changes affect:. the ... in a way which would remove any SDLT charge on the purchase of an interest in land by B, i.e. where the acquisition by C is an exempt sale to a ......
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Forms
  • Chapter SDLTM34800
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    .... . . FA03/Sch 15 excludes from Stamp Duty Land Tax (SDLT). * The transfer of an interest in land into a partnership. * ......
  • Chapter IHTM33061
    • HMRC Inheritance Tax Manual
    • HM Revenue & Customs
    ...... Rather than defining what is meant by the term ‘interest in land’ IHTA84/S190 (1) defines the sorts of interest that are not ......
  • Chapter BIM41105
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . An inducement to buy a freehold interest is not a reverse premium. Although a person buying a freehold becomes tled to an estate or interest in land, the inducement is not a reverse premium because of the requirement for ......
  • Chapter SDLTM34090
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . Where a partner acquires an interest in a partnership and the consideration for that interest is the transfer f land to an existing partner (as distinct from the partnership), the interest in ......
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