Property and Conveyancing in UK Law

Leading Cases
  • Oxley v Hiscock
    • Court of Appeal
    • 06 May 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 Jun 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.

  • 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 Jul 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 Oct 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.

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Legislation
Books & Journal Articles
  • Conveyancing And The Property Acts Of 1925
    • Nbr. 24-1, January 1961
    • The Modern Law Review
  • Legal challenges and opportunities of blockchain technology in the real estate sector
    • Nbr. 12-2, July 2020
    • Journal of Property, Planning and Environmental Law
    Purpose: Blockchain, which was originally created to enable peer-to-peer digital payment systems (bitcoin), is considered to have several benefits for different sectors, such as the real estate one...
  • Cohabitants, Property and the Law: A Study of Injustice
    • Nbr. 72-1, January 2009
    • The Modern Law Review
    With cohabitation outside marriage becoming increasingly common, the law's response to the problems that arise on separation has become a key issue for public and family policy. This article draws ...
  • REVIEWS
    • Nbr. 37-5, September 1974
    • The Modern Law Review
    Book reviewed in this article: Discretion to Disobey. By M. R. Kadish and S. H. Kadish. Fundamental Rights: A volume of essays to commemorate the fiftieth anniversary of the founding of the Law Sch...
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Law Firm Commentaries
  • Residential Property ' Budget Update, March 2021
    • Mondaq UK
    • March 13, 2021
    ......We await details of the scheme with interest. We are hopeful that these initiatives will help to stabilize a. buoyant residential conveyancing market and lead to sustainable. growth. We recommend that you seek advice from us at an early stage when. buying or selling residential property so ......
  • Property Market Lockdown ' The End Of The Beginning Or The Beginning Of The End?
    • Mondaq UK
    • August 12, 2020
    ......help people with their dream moves!. Property Services Guidance Note: Estate Agency,. Letting and Residential Conveyancing. The information and opinions contained in this. article are for information only. They are not intended to. constitute advice and should not be ......
  • Brexit: Key commercial issues for real estate
    • JD Supra United Kingdom
    • Dentons
    • July 28, 2016
    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, ...
    ...... not result in any significant changes to the law underpinning property ownership, letting and conveyancing in England and Wales as this is based ......
  • The Role Of A Solicitor When Purchasing Residential Property
    • Mondaq UK
    • September 25, 2020
    ...In our latest article, Lynsey Stuchfield, Head of the Firm's. Residential Conveyancing department, outlines the important role a. solicitor takes during the transaction of residential property. When purchasing a property, it is ......
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