Case Law on the Co-ownership of Land

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Essay #: 073500
Total text length is 13,896 characters (approximately 9.6 pages).

Excerpts from the Paper

The beginning:
Case Law on the Co-ownership of Land
“At its simplest the principle in Stack v Dowden is that a “common intention” trust, for the cohabitants' home to belong to them jointly in equity as well as on the proprietorship register, is the default option in joint names cases. The trust can be classified as a constructive trust, but it is not at odds with the parties' legal ownership. Beneficial ownership mirrors legal ownership. What it is at odds with is the presumption of a resulting trust.” - Lord Walker and Lady Hale, Jones v Kernott [2011] All ER (D) 64 (Nov). - Critically discuss this statement, with particular reference to the law relating to co-ownership of land.
This essay will critically examine Lord Walker and Lady Hale’s...
The end:
..... the fact that it can now take into account the realities of domestic relationships through the consideration of a wide range of factors. The law is therefore much improved by the decisions in Stack v Dowden and Jones v
Kernott
.
Bibliography
T Atkinson, “Family/Property: What’s Mine Is Yours?” (2009) 159 NLJ 1463
G
Battersby
, “Ownership of the Family Home: Stack v Dowden in the House of Lords” (2008) Child and Family Law Quarterly (June)
M Dixon, Modern Land Law (7th Edition Oxon:
Routledge
-Cavendish 2010)
A Hudson, Equity and Trusts (6th Edition Oxon:
Routledge
-Cavendish 2010)
J A
MacKenzie
and M Phillips, Textbook on Land Law (13th Edition Oxford: Oxford University Press 2010)
R J Smith, Property Law (6th Edition Harlow: Pearson 2009)