5. Co-ownership

Land Law ◽  
2018 ◽  
Author(s):  
Chris Bevan
Keyword(s):  
Common Law ◽  
The Family ◽  
Family Home ◽  
The Law ◽  
Relationship Breakdown ◽  
The Individual

This chapter discusses the law of co-ownership. Co-ownership is the name given to the situation where two or more people own land at the same time. This land may be freehold or it may be leasehold. The chapter considers questions such as how does the law deal with disputes over the family home when spouses face relationship breakdown, often with one partner wishing to remain in the home, perhaps with children? Whose interest prevails, the individual or the bank, when a co-owner finds herself in serious debt? The law of co-ownership represents an amalgam of common law rules and statutory provisions, most notably under the provisions of the Law of Property Act 1925 and the Trusts of Land and Appointment of Trustees Act 1996.

23. Cohabitation and Finance

2019 ◽  
pp. 227-236
Author(s):  
Jane Sendall ◽  
Roiya Hodgson
Keyword(s):  
Common Law ◽  
Legal Rights ◽  
Legal Remedies ◽  
The Family ◽  
Cohabiting Couples ◽  
Legal Position ◽  
The Common ◽  
Family Home ◽  
The Law ◽  
Law Commission

Cohabiting couples do not have any intrinsic legal rights by simply cohabiting. The ‘common law wife/husband’ does not exist in law, despite many believing that it does. This chapter discusses the legal position of cohabitants and financial remedies. This includes the Law Commission Proposals in order to try and allow cohabitants to gain some financial relief in certain circumstances. The legal remedies available to separating cohabitants including establishing legal title and a beneficial interest, is outlined. This also includes resulting and constructive trusts. Finally, the position of cohabitants in relation to the family home and Trusts of Land and Appointment of Trustees Act is discussed.

23. Cohabitation and Finance

Family Law ◽  
2020 ◽  
pp. 227-236
Author(s):  
Roiya Hodgson
Keyword(s):  
Common Law ◽  
Legal Rights ◽  
Legal Remedies ◽  
The Family ◽  
Cohabiting Couples ◽  
Legal Position ◽  
The Common ◽  
Family Home ◽  
The Law ◽  
Law Commission

Cohabiting couples do not have any intrinsic legal rights by simply cohabiting. The ‘common law wife/husband’ does not exist in law, despite many believing that it does. This chapter discusses the legal position of cohabitants and financial remedies. This includes the Law Commission Proposals in order to try and allow cohabitants to gain some financial relief in certain circumstances. The legal remedies available to separating cohabitants including establishing legal title and a beneficial interest, is outlined. This also includes resulting and constructive trusts. Finally, the position of cohabitants in relation to the family home and Trusts of Land and Appointment of Trustees Act is discussed.

From Liberties to Liberty

2020 ◽  
pp. 105-130
Author(s):  
Charlotte Epstein
Keyword(s):  
Seventeenth Century ◽  
Common Law ◽  
The State ◽  
Natural Rights ◽  
The Political ◽  
Habeas Corpus ◽  
House Church ◽  
The Law ◽  
The Individual ◽  
Individual Body

This chapter studies how liberty in the law evolved from being attached to a collective, metaphorical body—the medieval corporation—to being rooted instead in the individual body across a range of practices in seventeenth century Europe. It analyses the early modern forms of toleration that developed from the ground-up in Protestant Europe (Holland and Germany in particular), including the practices of ‘walking out’ (auslauf) to worship one’s God, and the house church (schuilkerk). These practices were key to delinking liberty from place, and thus to paving the way to attaching it instead to territory and the state. The chapter also considers the first common law of naturalisation, known as Calvin’s Case (1608), which wrote into the law the process of becoming an English subject—of subjection. This law decisively rooted the state-subject relation in the bodies of monarch and subject coextensively. Both of these bodies were deeply implicated in the process of territorialisation that begat the modern state in seventeenth-century England, and in shifting the political bond from local authorities to the sovereign. The chapter then examines the corporeal processes underwriting the centralisation of authority, and shows how the subject’s body also became—via an increasingly important habeas corpus—the centre point of the legal revolution that yielded the natural rights of the modern political subject. Edward Coke plays a central role in the chapter.

6. Interests in the Family Home

Land Law ◽  
2020 ◽  
pp. 226-272
Author(s):  
Chris Bevan
Keyword(s):  
Sense Of Self ◽  
Family Members ◽  
Sense Of Security ◽  
The Family ◽  
Cohabiting Couples ◽  
Family Home ◽  
The Law ◽  
Trust Of Land

For many people, whether or not they enjoy an interest in the family home is fundamental to their sense of security, stability, and even their sense of self. However, a person may find themselves in a position where they are neither the registered legal owner of property nor do they enjoy an equitable interest under an express trust of land. This chapter examines how a person may acquire an interest in the family home through operation of the law of implied trusts: constructive and resulting trusts. It focuses on non-married, non-civilly partnered, cohabiting couples, or family members otherwise coming together to purchase property as a home. For these people, no legislation exists that gives courts jurisdiction to declare and adjust property interests. In this situation, the courts turn to the law of trusts to determine rights in the home, as this chapter explores.

21. Special rights in relation to the family home

2018 ◽  
Author(s):  
Judith-Anne MacKenzie ◽  
Aruna Nair
Keyword(s):  
Married Couples ◽  
Land Law ◽  
Additional Information ◽  
The Family ◽  
Family Home ◽  
The Law ◽  
Special Rights

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter brings together some matters about the family home, and provides additional information about certain statutory rights which members of a family may have in respect of their homes, contrasting the rights of married couples and civil partners with the more limited rights of cohabitants. In conclusion, the chapter outlines proposals for reform of the law relating to cohabitants’ rights in the family home.

scholarly journals Perceptions de pères vivant avec un fils ou une fille adulte ayant une déficience intellectuelle sur la transition de l’après-parents

2019 ◽  
Vol 38 (4) ◽  
pp. 468-480
Author(s):  
Zoé Faubert ◽  
Georgette Goupil
Keyword(s):  
Extended Family ◽  
Rehabilitation Services ◽  
Individual Interview ◽  
Déficience Intellectuelle ◽  
The Family ◽  
People With Intellectual Disabilities ◽  
Family Home ◽  
The Individual ◽  
Housing Options ◽  
Do So

ABSTRACTWith the increase in life expectancy, many people with intellectual disabilities (ID) are living in the family home with their parents. This research focuses on the experience of 17 fathers of adults with ID. These fathers answered a questionnaire including open and closed questions. During the individual interview, fathers described their motivations to cohabit with their son or daughter, cohabitation benefits and constraints, housing options considered and planning for the future. Results indicate that fathers chose this cohabitation. However, they experience anxiety because they do not know who will support the adult with ID when they can no longer do so. Postparental planning considerations include legal concerns and informal discussions with siblings or the extended family. These results describe a complex parental situation in which there is interaction between their emotions, their attachment to the adult with ID and their previous experiences with residential, social or rehabilitation services.

Protected Interests in The Law of Torts

1963 ◽  
Vol 21 (1) ◽  
pp. 85-103 ◽  
Author(s):  
K. Lipstein
Keyword(s):  
General Principle ◽  
Common Law ◽  
Western World ◽  
The Creation ◽  
The Law ◽  
The Individual ◽  
Principle Of Liability ◽  
Point Of Departure

Introduction: TheProblems(1) Whichever is taken as the point of departure, a general principle of liability for injurious acts done intentionally or negligently, or a catalogue of individual protected interests, and whatever the wish to establish criteria of general liability, a comparison between some of the leading systems of the law of the Western World—both civil and common law—shows that it is impossible to get away from the individual situation, irrespective of the force of an existing, or the desire for the creation of, a general principle.

TO SELL OR NOT TO SELL: THAT IS THE QUESTION THE IRONY OF THE TRUSTS OF LAND AND APPOINTMENT OF TRUSTEES ACT 1996

2011 ◽  
Vol 70 (3) ◽  
pp. 579-606 ◽  
Author(s):  
Martin Dixon
Keyword(s):  
Liquid Asset ◽  
Narrow View ◽  
The Family ◽  
Original Scheme ◽  
Family Home ◽  
The Law ◽  
Land Holdings ◽  
Trust Corporation ◽  
Trust Of Land ◽  
Capital Value

The 1925 property statutes, particularly the Settled Land Act 1925 and the original sections 30 to 36 Law of Property Act 1925, were premised on a fairly narrow view of the prevalence and purpose of co-owned land. Successive interests either fell within the awkward provisions of the Settled Land Act 1925 or were organised under a trust for sale within the ambit of the Law of Property Act 1925. Concurrent co-ownership could exist, also under a trust for sale, but the Law of Property Act 1925 was premised on the assumption that such trusts would be expressly created, with readily identifiable beneficiaries, holding in defined shares, often for investment purposes and primarily in respect of larger land holdings. That is why the original scheme was a trust for sale, why sections 34 and 36 Law of Property Act 1925 appear not to contemplate the implied trust of land at all,1 why interests behind trusts originally were not regarded as proprietary,2 why statutory overreaching is so powerful and why sections 2 and 27 Law of Property Act 1925 stipulate a requirement of at least two trustees or a trust corporation before overreaching can occur.3 Concurrent co-ownership was, essentially, a financial not a residential matter, and the ready conversion of land to liquid asset was regular and expected. The position today is virtually the reverse, with concurrent co-ownership being the normal way by which the family home4 is owned and with the expectation that it will be retained as that home. Realisation of its capital value is intended to be postponed until the family's needs have changed.

9. Implied trusts

2018 ◽  
Author(s):  
Iain McDonald ◽  
Anne Street
Keyword(s):  
Essential Information ◽  
The Family ◽  
Family Home ◽  
The Creation ◽  
The Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter deals with the central issues of implied trusts. Implied trusts can be either resulting or constructive. Resulting trusts fall into two categories, automatic or presumed. Constructive trusts are more difficult to define as the scope of their application seems to have been ‘left deliberately vague’ so that the courts can develop them as needed. There are no formalities for the creation of implied trusts. The law has developed methods of identifying the creation of implied trusts. Implied trusts are particularly important in relation to the family home.

Textbook on Land Law

2016 ◽  
Author(s):  
Judith-Anne MacKenzie
Keyword(s):  
Real Life ◽  
Third Party ◽  
Land Law ◽  
The Real ◽  
The Family ◽  
Family Home ◽  
The Law ◽  
Definition Of ◽  
Straightforward Approach

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. Thirty years since it was first published Textbook on Land Law continues to provide an interesting, accessible, and original account of contemporary land law. The sixteenth edition builds upon the book’s unique and straightforward approach. Using a fictional case study to illustrate the key principles of land law, the chapters demonstrate the real-life applications of this often abstract subject, while clarifying complex areas and common points of confusion. The book consists of seven parts. Part I provides an introduction to estates and interests in land. Part II looks at the acquisition of estates in land. Part III considers the two legal estates of freehold and leasehold, and in particular looks in detail at the obligations of a leasehold estate, their enforcement and remedies for their breach. Part IV looks at trusts and proprietary estoppel. Part V is about licences. The next part considers third party rights and the final part concludes with a review of the law relating to the family home, and a consideration of the definition of ‘land’.

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