Interest in Property in UK Law
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Oxley v Hiscock
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But, in a case where there is no evidence of any discussion between them as to the amount of the share which each was to have – and even in a case where the evidence is that there was no discussion on that point – the question still requires an answer. 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.
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Goodman v Gallant
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If, however, the relevant conveyance contains an express declaration of trust which comprehensively declares the beneficial interests in the property or its proceeds of sale, there is no room for the application of the doctrine of resulting implied or constructive trusts unless and until the conveyance is set aside or rectified; until that event the declaration contained in the document speaks for itself.
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Button v Button
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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.
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Ayerst v C. & K. (Construction) Ltd
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It is no misuse of language to describe the property as being held by the trustee on a statutory trust if the qualifying adjective "statutory" is understood as indicating that the trust does not bear all the indicia which characterise a trust as it was recognised by the Court of Chancery apart from statute.
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Stack v Dowden
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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.
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United States of America and Republic of France v Dollfus Mieg et Cie, S.A. and Bank of England
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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.
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Pettitt v Pettitt
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So that, in the absence of all evidence, if a husband puts property into his wife's name he intends it to be a gift to her but if he puts it into joint names then (in the absence of all other evidence) the presumption is the same as a joint beneficial tenancy.
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Presumption of Death Act 2013
...... the court considers that the applicant does not have a sufficient interest in the determination of the application. . (6) This section has effect ... for the purposes of—(a) the acquisition of an interest in any property, and(b) the ending of a marriage or civil partnership to which the missing ......
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Criminal Damage Act 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 ... to protect property 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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The Criminal Procedure Rules 2015
...... Direction (Costs in Criminal Proceedings) , as amended;‘public interest ruling’ means a ruling about whether it is in the public interest to ...in some cases (destroying or damaging property; aggravated vehicle taking) , whether the value involved is more or less ......
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Limitation Act 1939
......arrears of interest in respect of any judgment debt shall. be recovered after the expiration ...principal sum of money secured by a mortgage or other. charge on property, whether real or personal, or to. recover proceeds of the sale of land, ......
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Interest rate risk and time‐varying excess returns for Asian property stocks
Purpose: Aims to investigate whether the level and volatility of interest rates affect the excess returns of major Asian listed property markets within a time‐varying risk framework. Design/method...
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Varying interest rate sensitivity of different property sectors: cross-country evidence from REITs
Purpose: Recognising that different property sectors have distinct risk-return characteristics, this paper assesses whether changes in the level and volatility of short- and long-term interest rate...
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Varying interest rate sensitivity of different property sectors: cross-country evidence from REITs
Purpose: Recognising that different property sectors have distinct risk-return characteristics, this paper assesses whether changes in the level and volatility of short- and long-term interest rate...
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WHAT IS GOVERNANCE IN THE ‘PUBLIC INTEREST’? THE CASE OF THE 1995 PROPERTY FORUM IN POST‐CONFLICT NICARAGUA
‘Public interest' (synonymous here with ‘common good’ and ‘public good’) is a central concept in public administration. In an important, basic sense, we evaluate the effectiveness of governments in...
- Establishing A Beneficial Interest In Property
- Balhousie - Sale And Leaseback Does Not Constitute Disposal Of 'Entire Interest' In Property
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CPO Basics – What’s all the fuss about?
Compulsory Purchase Orders might not seem the most glamorous of topics, but with the urgent need for more homes, and a new Prime Minister showing great enthusiasm for big infrastructure projects, n......... CPOs whether you’re a promoter, landowner or have any other interest in property. In this short series of blogs we aim to demystify CPOs, ......
- What To Do If A Third Party Claims To Have Interest In Your Property When You Divorce
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Presumption of Death Act 2013
Chancery forms, including claim forms and applications for orders.......-. . . BUSINESS AND PROPERTY" COURTS OF ENGLAND AND WALES. \t\t\t. \t\t\t. \t\t\t\t[ \xC2"... . . . . . 1. [any order relating to an interest in property arising as a result of the declaration] . . . . ......
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Financial statement for a financial remedy (other than a financial order or financial relief after an overseas divorce or dissolution etc) in the county or High Court
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.......relation to money, property, children or anything else. Case No. Court. 2. Employment. 2.1. I am. ...3.1. Details of income from investments (e.g. dividends, interest or rental income) received in the last. financial year (the year ended ......
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Form EX105
County Court forms including the N1 money claim form.......of your last three wage slips and. your P60. Property in which. you live. Do you or your spouse/. partner have an interest in. ......
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Interim Charging Order
Chancery forms, including claim forms and applications for orders.......-. . . BUSINESS AND PROPERTY" COURTS OF ENGLAND AND WALES. \t\t\t. \t\t\t. \t\t\t\t[ \xC2"... that the judgment debtor is the owner of or has a beneficial interest in the asset described in the schedule to this order (“the Schedule”). ......