Interest in Property in UK Law

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Leading Cases
  • Goodman v Gallant
    • Court of Appeal (Civil Division)
    • 30 Outubro 1985

    In a case where the legal estate in property is conveyed to two or more persons as joint tenants, but neither the conveyance nor any other written document contains any express declaration of trust concerning the beneficial interests in the property (as would be required for an express declaration of this nature by virtue of section 53(1)(b) of the Law of Property Act 1925), the way is open for persons claiming a beneficial interest in it or its proceeds of sale to rely on the doctrine of "resulting, implied or constructive trusts": (see section 53(2) of the Law of Property Act 1925).

  • Oxley v Hiscock
    • Court of Appeal (Civil Division)
    • 06 Maio 2004

    It must now be accepted that (at least in this Court and below) the answer is that each is entitled to that share which the court considers fair having regard to the whole course of dealing between them in relation to the property. includes the arrangements which they make from time to time in order to meet the outgoings (for example, mortgage contributions, council tax and utilities, repairs, insurance and housekeeping) which have to be met if they are to live in the property as their home.

  • Button v Button
    • Court of Appeal (Civil Division)
    • 30 Janeiro 1968

    I think that similar principles apply as when it is the other way about. The wife does not get a share in the house simply because she cleans the walls or works in the garden or helps her husband with the' painting and decorating. Those are the sort of things which a wife does for the benefit of the family without altering the title to, or interests in, the property.

  • Ayerst v C. & K. (Construction) Ltd
    • House of Lords
    • 21 Maio 1975

    The "legal ownership" of the trust property is in the trustee, but he holds it not for his own benefit but for the benefit of the cestui que trustent or beneficiaries. Upon the creation of a trust in the strict sense as it was developed by equity the full ownership in the trust property was split into two constituent elements, which became vested in different persons: the "legal ownership" in the trustee, what came to be called the "beneficial ownership" in the cestui que trust.

  • Stack v Dowden
    • House of Lords
    • 25 Abril 2007

    The law has indeed moved on in response to changing social and economic conditions. The search is to ascertain the parties' shared intentions, actual, inferred or imputed, with respect to the property in the light of their whole course of conduct in relation to it.

  • United States of America and Republic of France v Dollfus Mieg et Cie, S.A. and Bank of England
    • House of Lords
    • 25 Fevereiro 1952

    Even to say that much begs one important question, for it assumes that he has a valid interest in that property: whereas a stay of proceedings on the ground of immunity has normally to be granted or refused at a stage in the action when interests are claimed but not established, and indeed to require him to establish his interest before the Court (which may involve the Court's denial of his claim) is to do the very thing which the general principle requires that our Courts should not do.

  • Springette v Defoe
    • Court of Appeal (Civil Division)
    • 10 Março 1992

    Given that no actual common intention to share the property in equal beneficial shares was established, one is driven back to the equitable principle that the shares are presumed to be in proportion to the contributions. If the matter is approached in this way, it seems to me right in principle that the discount of 41% should be regarded as a direct contribution by the woman to the purchase.

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Legislation
  • Serious Crime Act 2015
    • UK Non-devolved
    • 01 de Janeiro de 2015
  • Land and Buildings Transaction Tax (Scotland) Act 2013
    • Scotland
    • 01 de Janeiro de 2013
    ...... (c) when a chargeable interest is acquired and the treatment of transactions involving contracts which ... provision about exempt interests in relation to alternative property finance arrangements). . (4) The Scottish Ministers may, by ......
  • Perpetuities and Accumulations Act 1964
    • UK Non-devolved
    • 01 de Janeiro de 1964
    ...... and Wales relating to the avoidance of future interests in property on grounds of remoteness and governing accumulations of income from ...ground that the interest disposed of might not become vested. until too remote a time, the ......
  • Criminal Damage Act 1971
    • UK Non-devolved
    • 01 de Janeiro de 1971
    ...... revise the law of England and Wales as to offences of damage to property, and to repeal or amend as respects the United Kingdom certain enactments ... . belonging to himself or another or a right or interest in. property which was or which he believed to be vested. in himself or ......
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Chapter SDLTM34300
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......However, this is modified where para14 (transfer of interest in property investment partnership) or para17 (transfer of a partnership ......
  • Chapter SDLTM34240
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......However, this is modified where para14 (transfer of interest in property investment partnership) or para17 (transfer of a partnership ......
  • Chapter IFM04280
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... a new 100% relief from SDLT for the exchange of a major interest in property in return for units in a CoACS (or a property authorised ......
  • Chapter TSEM10305
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... ITTOIA/S624- where the settlor has retained an interest in property in a settlement (TSEM4200). ITTOIA/S629- where income is ......
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