Property and Conveyancing in UK Law

Leading Cases
  • Oxley v Hiscock
    • Court of Appeal (Civil Division)
    • 06 Mayo 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.

  • Sedleigh-Denfield v O'Callaghan and Others
    • House of Lords
    • 24 Junio 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 Mayo 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 Mayo 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 Julio 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 Octubre 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.

  • Ayerst v C. & K. (Construction) Ltd
    • House of Lords
    • 21 Mayo 1975

    It is no misuse of language to describe the property as being held by the trustee on a statutory trust if the qualifying adjective "statutory" is understood as indicating that the trust does not bear all the indicia which characterise a trust as it was recognised by the Court of Chancery apart from statute.

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Legislation
  • Conveyancing and Law of Property Act 1892
    • UK Non-devolved
    • 1 de Enero de 1892
  • Trustee Act 1893
    • UK Non-devolved
    • 1 de Enero de 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
    • 1 de Enero de 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, ... ...
  • Local Registration of Title (Ireland) Act 1891
    • UK Non-devolved
    • 1 de Enero de 1891
    ... ... relating to the valuation of rateable property in Ireland of the ... lands to be affected by the registration, and in the ... by deed within the meaning of the Conveyancing Acts, and there ... shall be vested in the registered transferee an estate ... ...
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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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