Joint ownership of leasehold or freehold property is well formulated under the English Law. The English law imposes various restrictive statutes that acts as guidelines and provide sufficient evidence of the terms of the agreement between the parties in agreement. Declaring interests before a transaction provides clarity about the intentions of the parties involved as well as helping in avoiding disputes in the future. There has been some uncertainty pertaining the position of joint owners in the English jurisdiction. Recent cases studies such as Stack vs. Dowden have only demonstrated the many difficulties being experienced in this area. This paper analysis the case scenario of Prince, Madonna, Fat Boy and Slim, who have contributed equally …show more content…
The agreement that binds Fat boy as one of the legal owners of the house is void under s2 of the Law of Property (Miscellaneous Provisions) Act 1989 that provides that a sale of land, transfer of an interest of land ought to be in writing. It is because before the transfer deed was registered their solicitor realized that Fat Boy was under age thus prompting the property to be registered in the names of Madonna, Prince, and Slim. Since there is no evidence showing that Fat boy is one of the legal owners of the property he would have to rely upon the conduct of the other owners to establish a common intention of sharing the property’s benefits as well as establishing that the conduct that he relied on resulted in a constructive trust. Rmember to mention how the register could be fixed, and that he could be viewed as someone with an equitable interestHe should show shared intentions, detrimental reliance, and unconscionable denial rights with respect to the property in ascertaining that he is equally entitled to the house (Brenton, …show more content…
Joint tenants tend to enjoy an equal share of the property while tenants in common tend to enjoy equal or unequal shares in proportion to their contribution. The fact that Prince sold his interest in the house to Madonna result to the joint tenancy shifting to a tenancy in common. Under these arrangements, the interest obtained from the sale of the house will be shared unequally, with Madonna getting the bigger portion. Moreover, the fact that Slim died in a car accident before he had sold his interest in the house to Madonna will also change the distribution of the proceeds from the sale of the house. The English law provides that in an ownership whereby all owners own the same property equally, when one party dies, the shares of the deceased passages to the other parties who own the property in Joint tenancy. On the contrary in tenants with common one may opt to leave his or her respective shares by to other people other than their partners through his Will. In the absence of a Will they share may pass to a family member of the deceased per intestacy rules as explained in the reading by Shepperson (2011).also case law under the co-ownership lecture notes Therefore, on this occasion since it is a tenancy with common Slim’s share of the proceeds from the sale of the house will be left to
in which property is owned by the state or group, to be shared in common
The first issues presented in this case study is that of the mountain property that Martin owned with some of his friends as joint tenants with a right of survivorship. A joint tenancy with right of survivorship (JTWROS) can be a common way of owning property between related and unrelated individuals ensuring that upon one’s death, their share of the property is equally divided up among the remaining joint tenants (Segal, 1998). The first conundrum involving this property and the laws pertaining to JTWROS is the issue of Martin’s friend and cotenant Peter, who stated in
Since the co-owners had rights of survivorship Andrew would not be entitled to any portion of the property, and Martin would own it 100%. My legal and friendship advice would be that the lender’s case would be invalid as it is an issue to use the interest of a joint ownership without ensuring right of ownership, in this case the lender cannot take legal action to foreclosure on the property. From a religious view, I would advise my friend to not discount Andrew’s wrong doing but find out more about his situation and ways that your faith may be able to help
in of itself which constitute the makeup of some computer programs is referred to as a Boid. As such they comprise the same three instructions that organize the interaction of computer programs (Stacey, 2011). Alignment, avoidance, and attraction makes up the Boids concept (Stacey, 2011). The first stage, or the alignment stage the stakeholders within pep Boys have similar thoughts, whereby Pep Boys endeavors to strengthen the relationship with customers. Pep Boys must be aligned with the stakeholders in order to gauge feedback from the stakeholders and from the stakeholders to Pep Boys (Stacey, 2011). Organizations that respond to the feedback they receive from customers as well as their own self-evaluation help set a course
The characteristics that best describe the similarities between Joey and his dad and grandmother are best described through his own words: “wired”. These “wired” characteristics mentioned are described by the loss of focus meanwhile performing a task, a “mean” demeanor, and a selfish, center-of-attention attitude.
Sociocultural standards of feminine beauty are presented in almost all forms of popular media, revealing women with images that portray for what is considered to be the "ideal body." Such beauty standards for most women are completely unattainable; what is seen on TV Is another story, majority of models are considered to be well below what is known as a healthy weight. Media conveys a practical message using models that are not considered to be healthy and stating that in order for a woman to be considered beautiful, she must be unhealthy, or “thin.” The mindset in today’s society for many women is that you need to be thin, which is all too predominant and for females it makes it more difficult to achieve any level of serenity of their physical appearance. In the American culture, the “ideal body” for a female is represented very negatively, as it has dramatically changed. The number of people who are thin is starting to be the minority, while the people who are overweight/obese is going to other way and is the majority. Andre Dubus, the author of the short story "The Fat Girl," demonstrates each of these traditional behaviors towards the overweight main character, Louise.
From the identity map I created in class, I decided I would explore my personal connections more. The readings: “The Fat Girl”, “The Bluest Eye”, and “Between the World and Me” were the texts that stood out to me the most because they can all interlink with each other in one way or another. Naturally I would like to explore body image, race, beauty standards, and society’s expectations within the selections I chose. From the selections I chose to write my essay about I think “The Bluest Eye” is what connects the three stories the most because so much is challenged in this novel, though not all is overcome.
If I name two or more primary beneficiaries to receive a specific gift of property and any of them do not survive me, all surviving primary beneficiaries shall equally divide the deceased primary beneficiary's share unless I have specifically provided otherwise. If I name two or more alternate beneficiaries to receive a specific gift of property and any of them do not survive me, all surviving alternate beneficiaries shall equally divide the deceased alternate beneficiary's
Housing tenure is a very important issue as it sets out the ground relationship between household and residence. In England, high income is associated with owner occupation which raises certain issues of what people in England actually really own – flats or houses?
The need for the law to recognise possessory and equitable interests in land under a system of registration of title is a contested issue in Australia. The term ‘title’ means the extent of ownership over property as recognised by the legal system. For the purpose of this essay, a system of registration of title means the Torrens title system. The protection of possessory and equitable interests in Western Australia will be discussed, with reference to the Torrens title system and real property. It will be argued that there is still a need for the law to recognise equitable interests in land, however, the Torrens framework does remove the need for the law for the law to recognise possessory interests, in particular the doctrine of adverse possession.
It has been generally acknowledged that the doctrine of proprietary estoppel has much in common with common intention constructive trusts, i.e. those that concern the acquisition of an equitable interest in another person’s land. In effect, the general aim is the recognition of real property rights informally created. The similarity between the two doctrines become clear in a variety of cases where the court rely on either of the two doctrines. To show the distinction between the doctrines, this essay will analyse the principles, roots and rationale of both doctrines. With reference to the relevant case law it will be possible to highlight the subtle differences between the doctrines in the cases where there seems to be some overlap. Three key cases where this issue surfaced were the following: Lloyds Bank Plc v. Rosset (1991), Yaxley v. Gotts (1999) and Stack v. Dowden (2007). This essay will describe the relevant judgements in these cases in order to show the differences between the two doctrines.
Current English land law on the co-ownership of interests of land has developed quite a contentious history pertaining to the relationship between the acquisition of rights and the quantification of the shares. In terms of co-ownership, there are huge variances and legal consequences when legal ownership is in one person’s name compared to two. These differences can be seen in various landmark cases which have created precedent and developed refined principles such as Lloyds Bank plc v Rosset and the Stack v Dowden. For the courts, it has often been relatively complex to distinguish between constructive and resulting trusts and to decide on the procedure to be used for the quantification of equitable entitlement once the decision to impute has been established. The quantification of resulting trusts is carefully considered in both, Midland Bank v Cooke and Stack v Snowden. In many co-ownership cases dealing with the acquisition of rights and the quantification of shares, the outcomes aren’t always proportionate. Reasons can include the ambiguities in the identification and changes of common intention and contributions types. In speaking to this issue, Baroness Hale stated in Stack v Dowden that “each case will turn on its own facts” and furthermore elaborated on the conditions for a common intention construct arising. It is furthermore important to critically discuss the repercussions these cases have for the future of co-ownership law to reconcile existing sources of confusion.
In the 1992 Syracuse Law Review, Robert L. Sweeny explicates some of the various terms that are necessary for real estate contracts to include. The author writes that it is essential in many real estate contracts for the property to either have no impediments or to provide insurance on these impediments in the form of an insurable title. The writer cites Stambovsky v. Ackley as a case that lacked this type of contact, which resulted in
The legal issue of constitution of trusts is very important, judicial decisions over the years on cases where trusts were not properly constituted indicates that constitution of trusts could be quite complex and must be very cautiously done by a property owner as a simple factor could make his trust void. An express trust is completely constituted either by effectively transferring property to trustees or by effectively declaring a trust. In case of personal property, the declaration of the trust may be put in writing; however, equity will not perfect an imperfect gift. It is only when the trust is constituted that it is binding on the settlor. The long-standing idea that equity will not perfect an imperfect gift can be traced back to the 19th century cases of Ellison v Ellison and Milroy v Lord , and was further emphasized in the 20th century in the case of Re Fry .
One of the special concepts in land law is of overriding interests. The standard practice in the English land law is all the interest and rights affecting or is binding over particular a land should be registered in the Register. However, the concept of overriding interest denotes that there are interests which are binding on the owner (the registered proprietor) regardless of not being formally registered. It was introduced because in that era it was though that it would be unreasonable and unjust to overlook such rights and interest enjoyed. Overriding interests need not be registration to bind the legal owner of the land. Therefore, if the land is sold to another person the interests and rights would not be lost. It can be said that overriding by nature are unregistered if they are registered they will cease to be an overriding interest.