Interest in Property in UK Law

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Leading Cases
  • Goodman v Gallant
    • Court of Appeal (Civil Division)
    • 30 Oct 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 May 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 Ene 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. The wife was economical in spending on the housekeeping, as most wives are.

  • Ayerst v C. & K. (Construction) Ltd
    • House of Lords
    • 21 May 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 Abr 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 Feb 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.

  • Pettitt v Pettitt
    • House of Lords
    • 23 Abr 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.

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Legislation
  • Serious Crime Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... S-1 . 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
    • 1 de Enero de 1982
    ......who has unlawfully killed another from acquiring any interest. in property mentioned in subsection (4) below, the court may. make an ......
  • Criminal Damage Act 1971
    • UK Non-devolved
    • 1 de Enero 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 ......
  • Latent Damage Act 1986
    • UK Non-devolved
    • 1 de Enero de 1986
    ...... personal injuries; and to provide for a person taking an interest in property to have, in certain circumstances, a cause of action in ......
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Books & Journal Articles
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Law Firm Commentaries
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