18. Resulting and constructive trusts

Author(s):  
Judith-Anne MacKenzie ◽  
Aruna Nair
Keyword(s):  
Land Law ◽  

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter deals with resulting and constructive trusts of the family home. It explains how cohabitants, spouses and civil partners may acquire rights to share in a family home owned by the other partner (sole name cases); how shares in a family home are quantified in sole name and joint-name cases; and how partners’ intentions about ownership may change. Stack v Dowden and Jones v Kernott, together with later decisions, are considered in detail.

2020 ◽  
pp. 366-399
Author(s):  
Judith-Anne MacKenzie ◽  
Aruna Nair
Keyword(s):  
Land Law ◽  

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter deals with resulting and constructive trusts of the family home. It explains how cohabitants, spouses, and civil partners may acquire rights to share in a family home owned by the other partner (sole name cases); how shares in a family home are quantified in sole name and joint-name cases; and how partners’ intentions about ownership may change. Stack v Dowden and Jones v Kernott, together with later decisions, are considered in detail.


Author(s):  
Judith-Anne MacKenzie ◽  
Aruna Nair

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.


Author(s):  
Judith-Anne MacKenzie

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’.


Author(s):  
Judith-Anne MacKenzie
Keyword(s):  

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter deals with resulting and constructive trusts of the family home. It explains how cohabitants, spouses and civil partners may acquire rights to share in a family home owned by the other partner (sole name cases); how shares in a family home are quantified in sole name and joint-name cases; and how partners’ intentions about ownership may change. Stack v Dowden and Jones v Kernott, together with later decisions, are considered in detail.


Author(s):  
Chris Bevan

Land Law maintains a critical emphasis and encourages the reader to consider and understand the law in context (both within society and the academic world), not just in the abstract. Topics covered include: the principles of registered land, unregistered land, adverse possession, co-ownership, and interest in the family home. It also looks at licences and proprietary estoppel, leases, the law of easements and profits, covenants in freehold land, and the law of mortgages. Finally, it looks at land law and human rights.


2020 ◽  
pp. 443-454
Author(s):  
Judith-Anne MacKenzie ◽  
Aruna Nair

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.


Land Law ◽  
2020 ◽  
pp. 226-272
Author(s):  
Chris Bevan

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.


2020 ◽  
pp. 269-288
Author(s):  
Judith-Anne MacKenzie ◽  
Aruna Nair
Keyword(s):  
Land Law ◽  

Course-focused and comprehensive, the Textbook on Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter discusses the remedies available to one party to a lease when the other is in breach of duty. It first deals with general contractual remedies which are available in respect of breach of covenant. It then goes on to consider in more detail some special remedies which are peculiar to leases, and in particular the landlord’s power to forfeit the lease, i.e., to bring it to an end and to evict the tenant.


1966 ◽  
Vol 12 ◽  
pp. 250-258 ◽  

Ronald George Hatton was a distinguished pomologist, an able administrator and a man who won the affection and esteem of his friends and colleagues alike. Ronald was born on 6 July 1886, in Yorkshire, a county for which he always retained a great affection. He was the youngest child of Ernest Hatton who was a barrister of the Inner Temple. Ronald’s mother was Amy Pearson, a woman of forceful character who came from a similar environment, since she was the daughter of William Pearson, also a barrister, who had taken silk. With such legal forebears on both sides of the family it would scarcely have been surprising if their son had followed the law, but perhaps this hereditary influence manifested itself, in later life, in a marked ability for administration and the handling of finance. But, though Ronald’s ancestry was mainly non-scientific, there was one very distinguished scientist on the mother’s side, namely his uncle, Professor Karl Pearson, F.R.S., the famous statistician and author of The grammar of science . The other members of the family were two sisters. The elder of these, Margerie, followed a successful career as a nurse. She became Matron of the Cottage Hospital at Lyme Regis and, later, for a period of thirteen years till the time of her death, was Matron of the hospital at Teignmouth. The younger sister, Dorothy, studied modern languages at Exeter and was indeed the first woman to receive the Batchelor of Arts Degree from the, then newly established, College of the South-West. She next turned her attention to chemistry, though at this time and subsequently, after her marriage, outdoor pursuits always claimed her great interest.


2002 ◽  
Vol 14 (2) ◽  
pp. 193 ◽  
Author(s):  
Keith Boardman ◽  
C. Barry Osmond ◽  
Ulrich Lüttge

The Pitmans were a prolific west England family with Sir Isaac Pitman, the inventor of shorthand, the most famous member. During the 1800s four members of different branches of the family emigrated to Australia, but Michael's branch remained in Bristol. His great-grandfather Samuel William Pitman owned and operated a pork butcher's shop in Bedminster, Bristol. The eldest of his 12 children was George Pitman, Michael's grandfather. George worked first as a draper but later established his own pork butcher's shop at the other end of Bedminster. The elder of his two sons, Percy George, was Michael's father. Both sons were involved in running the shop. In 1930 Percy George married Norma Ethel Payne, who was trained and worked as a milliner. Her father (Gubby to Michael) was a skilled wood-worker who was employed as a pattern maker. Michael spent much time with Gubby and learnt from him wood-working and handyman skills. Michael, the eldest of three boys, was born on 7 February 1933 at the family home in Clift Street, Ashton. The family's financial situation became difficult and by the time the second son was born, the family had moved to cramped quarters over the shop in Bedminster. In those days a pork butcher made and cooked his own smallgoods, boiling up the pigs' cheeks and trotters and making the brawn. Each year at Christmas, Michael's mother would use the big boilers to cook batches of 20 Christmas puddings as gifts for favoured customers and business associates. Michael brought her 1932 recipe for 20�puddings to Australia, and when he was Professor of Biology at Sydney University he made small puddings for his staff in the Pitman family tradition.


Sign in / Sign up

Export Citation Format

Share Document