Interest in Land in UK Law

Leading Cases
  • Irani Finance Ltd v Singh
    • Court of Appeal
    • 22 Jun 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 May 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
    • 24 Jun 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
    • 23 Jul 1975

    Short of an actual promisye, if he, by his words or conduct, so behaves as to lead another to believe that he will not insist on his strict legal rights — knowing or intending that the other will act on that belief — and he does so act, that again will raise an equity in favour of the other: and it is for a Court of Equity to say in what way the equity may besatisfied.

  • Lloyds Bank Plc v Rosset
    • Court of Appeal
    • 13 May 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 May 1987

  • Williams & Glyn's Bank Ltd v Boland
    • House of Lords
    • 19 Jun 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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Books & Journal Articles
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Law Firm Commentaries
  • Permitted use restrictions and competition law – when is a restriction too restrictive?
    • LexBlog United Kingdom
    • Greenberg Traurig, LLP
    • May 21, 2014
    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
    • January 05, 2018
    ......These include proposals for regulations to create a Register of Controlling Interests in Land, and extending the community right to buy to include a right to purchase abandoned, neglected or detrimental land. Register of Controlling ......
  • SDLT In Budget 2011
    • Mondaq United Kingdom
    • April 04, 2011
    ...... 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 ......
  • The current status of electronic signatures for real estate transactions in Scotland, England and Wales
    • JD Supra United Kingdom
    • Dentons
    • July 01, 2019
    We see examples of electronic signatures all the time in everyday life – when you make that online purchase by ticking a box "accepting terms and conditions", when you "sign" a ...
    ...... this all means in practice depends on where you are transacting with land. . Buying and selling real estate in Scotland. Contracts for the sale nd purchase of an interest in land. If you are transacting in Scotland, the Requirements of Writing ......
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