Property and Conveyancing in UK Law

Leading Cases
  • 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.

  • 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.

  • 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.

  • 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

    Plainly, when present, this factor is one of the circumstances of the case. 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.

  • 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.

  • 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.

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Legislation
  • Conveyancing and Law of Property Act 1892
    • UK Non-devolved
    • January 01, 1892
  • 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, 1882. . ......
  • Trustee Act 1893
    • UK Non-devolved
    • January 01, 1893
    ......invest— .   . ( a . ) 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
  • Reduced Rates Of SDLT For Residential Properties
    • Mondaq UK
    ......property purchasers this year. This is part of a series of. briefings on SDLT - ...transactions combined with continuing difficulties in the. conveyancing process due to COVID 19 restrictions meant that buyers. were experiencing ......
  • HMRC Consults On Stamp Duty Land Tax
    • Mondaq UK
    ......dwellings. One of HMRC's concerns is where the conveyancing solicitor. applies the rules correctly but following subsequent contact ...allowing MDR only for three or more dwellings. Mixed use property purchases. The second area of concern is mixed-use properties. Under SDLT. ......
  • HMRC Consults On Stamp Duty Land Tax
    • Mondaq UK
    ......dwellings. One of HMRC's concerns is where the conveyancing solicitor. applies the rules correctly but following subsequent contact ...allowing MDR only for three or more dwellings. Mixed use property purchases. The second area of concern is mixed-use properties. Under SDLT. ......
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Forms
  • Chapter IHTM04034
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ...... A person is treated as beneficially entitled (IHTM04031) to property (IHTM04030) or money if he or she has a general power which enables him or ... phrase ‘power or authority’ is not used in a technical conveyancing sense, as in power of appointment, but in the sense of capacity (Re ......
  • Chapter SDLTM04042
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......Companies may look to ‘de-envelope’ a property for a number of reasons, including taking themselves and the persons to ... because it is part of a series or sequence of successive conveyancing transactions. The linkage must be more than merely being a party in a ......
  • Chapter IDG55220
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... Advisory Committee on Legal Education and Conduct; Authorised Conveyancing Practitioners Board; Legal Services Ombudsman; Parliamentary and Health ... .  . Trade Marks Act 1994. Intellectual Property Office; Trading Standards;BIS; Comptroller-General of Patents, Designs and ......
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