Interest in Property in UK Law

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Leading Cases
  • Oxley v Hiscock
    • Court of Appeal (Civil Division)
    • 06 May 2004

    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.

  • Goodman v Gallant
    • Court of Appeal (Civil Division)
    • 30 October 1985

    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.

  • Re Ellenborough Park; Re Davies, deceased; Powell v Maddison
    • Court of Appeal
    • 15 November 1955

    They are (l) There must be a dominant and a servient tenement: (2) an easement must "accommodate" the dominant tenement: (3) dominant and servient owners must be different persons and (4) a right over land cannot amount to an easement unless it is capable of forming the subject matter of a grant.

  • Stack v Dowden
    • House of Lords
    • 25 April 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.

  • Pettitt v Pettitt
    • House of Lords
    • 23 April 1969

    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.

  • Dingmar v Dingmar
    • Court of Appeal (Civil Division)
    • 12 July 2006

    Solution (iii) is not merely the most rational, it is the only one which is rational. The happenstance of price movements and the dates of hearing is removed from consideration. Of course its value at the date of the hearing is a factor which may be taken into account in the overall assessment of what is to be done (s.3(5)) but that is a quite different question from what property is to be treated as part of the net estate.

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

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Legislation
  • Serious Crime Act 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... Determination of extent of defendant's interest in property 1 Determination of extent of defendant's interest in property ... ...
  • Forfeiture Act 1982
    • UK Non-devolved
    • January 01, 1982
    ... ... offender) who has unlawfully killed another from acquiring any interest in property mentioned in subsection (4) below, the court may make an order ... ...
  • Presumption of Death Act 2013
    • UK Non-devolved
    • January 01, 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 ... ...
  • The Criminal Procedure Rules 2015
    • UK Non-devolved
    • January 01, 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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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Presumption of Death Act 2013
    • HM Courts & Tribunals Service court and tribunal forms
    Chancery forms, including claim forms and applications for orders.
    ... ... - ... BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES ... ... AND IT IS ORDERED that: ... 1. [any order relating to an interest in property arising as a result of the declaration] ... 2. Unless ... ...
  • 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
    • HM Courts & Tribunals Service court and tribunal forms
    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 ... 2. Employment ... employed (complete 2.2) ... Details of income from investments (e.g. dividends, interest or rental income) received in the last ... financial year (the year ended ... ...
  • Form EX105
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... of your last three wage slips and ... Property in which ... Do you or your spouse/ ... partner have an interest in ... ...
  • Interim Charging Order
    • HM Courts & Tribunals Service court and tribunal forms
    Chancery forms, including claim forms and applications for orders.
    ... ... - ... BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES ... ... 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”) ... ...
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