Property and Conveyancing in UK Law
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Oxley v Hiscock
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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.
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Sedleigh-Denfield v O'Callaghan and Others
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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.
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Lloyds Bank Plc v Rosset and Others
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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.
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Miller v Miller (Short Marriage: Clean break)
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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.
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Gissing v Gissing
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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.
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White v White
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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.
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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.
- Conveyancing and Law of Property Act 1892
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Conveyancing Act 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. . ......
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Trustee Act 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 ......
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Conveyancing Act 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, ......
- Conveyancing And The Property Acts Of 1925
- Frankie McCarthy, James Chalmers and Stephen Bogle (eds), Essays in Conveyancing and Property Law in Honour of Professor Robert Rennie
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Legal challenges and opportunities of blockchain technology in the real estate sector
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......... administrations andresearcherswho are working on blockchain and property conveyancing.Keywords Real estate, Land registry, Blockchain, Sharing ......
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Cohabitants, Property and the Law: A Study of Injustice
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 .........This was sometimes done to protect the position of one partner’schildren from a previous relationship.The conveyancing soli- citors whom we interviewed perceived cohabiting couples as be ing more likely to make wills than married couples. Gillian Douglas, Julia Pearce ......
- What Conveyancing Searches Do I Need When Buying A Property?
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Reduced Rates Of SDLT For Residential Properties
......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 ......
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HMRC Consults On Stamp Duty Land Tax
......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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HMRC Consults On Stamp Duty Land Tax
......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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Chapter IHTM04034
...... 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 ......
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Chapter SDLTM04042
......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 ......
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Chapter IDG55220
...... 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 ......