Interest in Property in UK Law
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Goodman v Gallant
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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).
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Button v Button
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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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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.
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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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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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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. If a wife puts property into their joint names I would myself think that a joint beneficial tenancy was intended, for I can see no other reason for it.
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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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Building the new continent: economic growth fuels construction frenzy.
....... The continent's growing interest in property development has been underlined by the number of real estate ......
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Civil Recovery of Criminal Assets and Terrorist Property: Harare Scheme on Mutual Assistance and Draft Model Legislative Provisions
Introduction. Draft model law on civil recovery of criminal assets including terrorist property. Consideration by senior officials. Action by law ministers. Annex 1. Draft commonwealth model legisl......... . (i) used in or in connection with unlawful activity; . (ii) that facilitates or is otherwise concerned in unlawful activity; . . (d) "interest" in relation to property means: . . (i) a legal or equitable estate or interest in the property; . (ii) a right, power or privilege in connection ......
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Offices with services or serviced offices? Exploring the valuation issues
This paper explores the conceptual and methodological issues relating to the valuation and appraisal of commercial properties where revenue generated by the provision of additional services constit...
- Establishing A Beneficial 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, ......
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I Purchased A Property With A Friend And Now I Want Out!
...... Pursuant to Section 14 of TOLATA "any person which is a trustee of land or has an interest in property subject to a trust of land may make an application to the Court" .. relating to the exercise by the trustee of any of their functions" ......
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What You Need To Know About The UK's Unexplained Wealth Order (UWO)
...... requiring a person (respondent) to explain the nature of its interest in property (real estate and other assets), how it obtained the property, ......