Property and Conveyancing in UK Law

Leading Cases
  • Sedleigh-Denfield v O'Callaghan and Others
    • House of Lords
    • 24 June 1940

    A balance has to be maintained between the right of the occupier to do what he likes with his own, and the right of his neighbour not to be interfered with. It is impossible to give any precise or universal formula, but it may broadly be said that a useful test is perhaps what is reasonable according to the ordinary usages of mankind living in society, or more correctly in a particular society.

  • Miller v Miller (Short Marriage: Clean break)
    • House of Lords
    • 24 May 2006

    The parties' matrimonial home, even if this was brought into the marriage at the outset by one of the parties, usually has a central place in any marriage. So it should normally be treated as matrimonial property for this purpose. As already noted, in principle the entitlement of each party to a share of the matrimonial property is the same however long or short the marriage may have been.

  • Lloyds Bank Plc v Rosset and Others
    • House of Lords
    • 08 May 1990

    The first and fundamental question which must always be resolved is whether, independently of any inference to be drawn from the conduct of the parties in the course of sharing the house as their home and managing their joint affairs, there has at any time prior to acquisition, or exceptionally at some later date, been any agreement, arrangement or understanding reached between them that the property is to be shared beneficially.

  • Gissing v Gissing
    • House of Lords
    • 07 July 1970

    A resulting, implied or constructive trust—and it is unnecessary for present purposes to distinguish between these three classes of trust—is created by a transaction between the trustee and the cestui qui trust in connection with the acquisition by the trustee of a legal estate in land, whenever the trustee has so conducted himself that it would be inequitable to allow him to deny to the cestui qui trust a beneficial interest in the land acquired.

  • White v White
    • House of Lords
    • 26 October 2000

    It represents a contribution made to the welfare of the family by one of the parties to the marriage. He should decide how important it is in the particular case. The nature and value of the property, and the time when and circumstances in which the property was acquired, are among the relevant matters to be considered.

  • 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.

  • Foskett v McKeown
    • House of Lords
    • 24 May 2000

    It is merely the process by which a claimant demonstrates what has happened to his property, identifies its proceeds and the persons who have handled or received them, and justifies his claim that the proceeds can properly be regarded as representing his property. It identifies the traceable proceeds of the claimant's property. It enables the claimant to substitute the traceable proceeds for the original asset as the subject matter of his claim.

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Legislation
  • Conveyancing Act 1882
    • UK Non-devolved
    • January 01, 1882
    ... ... (1) 1.—(1.) This Act may be cited as the Conveyancing Act, 1882 ... and the Conveyancing and Law of Property Act, 1881 ... (in this Act ... referred to as the Conveyancing Act of 1881) and this Act may be ... cited together as the Conveyancing Acts, 1881, ... ...
  • Conveyancing and Law of Property Act 1892
    • UK Non-devolved
    • January 01, 1892
  • Trustee Act 1893
    • UK Non-devolved
    • January 01, 1893
    ... ... ) on mortgage of property held for an unexpired term of not ... less than two hundred years, and not ... section fifty-six of the Conveyancing and Law of Property Act, 1881 ... ; and a trustee shall not be chargeable ... ...
  • Conveyancing Act 1881
    • UK Non-devolved
    • January 01, 1881
    ... Conveyancing and Law of Property Act, 1881. (44 & 45 Vict.) CHAPTER 41. An Act for simplifying and improving the practice of Conveyancing; and for vesting in Trustees, Mortgagees, ... ...
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Books & Journal Articles
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Law Firm Commentaries
  • What Conveyancing Searches Do I Need When Buying A Property?
    • Mondaq UK
  • Brexit: Key commercial issues for real estate
    • JD Supra United Kingdom
    Summary – the three things you need to know - It is worth re-emphasising that Brexit will not result in any significant changes to the law underpinning property ownership, letting and conv...
    ... ... not result in any significant changes to the law underpinning property ownership, letting and conveyancing in England and Wales as this is based ... ...
  • Professional negligence: Another decision on liability for identity theft leaves the law uncertain
    • JD Supra United Kingdom
    In Dreamvar (UK) Limited v (1) Mishcon de Reya (a firm) and (2) Mary Monson Solicitors Limited [2016] EWHC 3316 (Ch), Mr David Railton QC, sitting as a Deputy High Court Judge in the Chancery Divis...
    ... ... Division of the High Court of Justice decided that a buyer's conveyancing solicitors were liable to the buyer for a breach of trust arising out of a property fraud. The buyer's solicitors were unable to obtain relief under Section ... ...
  • Professional negligence: conveyancers on both sides of a property purchase found liable to a defrauded buyer
    • JD Supra United Kingdom
    In Purrunsing v. A'Court & Co (a firm) and House Owners Conveyancers Limited (2016) EWHC 789 (Ch) Judge Pelling QC in the Chancery Division of the High Court held that both the buyer's and seller's...
    ... ... Limited (2016) EWHC 789 (Ch) Judge Pelling QC in the Chancery Division of the High Court held that both the buyer's and seller's conveyancing solicitors were jointly liable to the Claimant buyer for a breach of trust arising out of a property fraud, for which they were not entitled to ... ...
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