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.

21. Special rights in relation to the family home

2020 ◽  
pp. 443-454
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.

28. The family home

2016 ◽  
Author(s):  
Judith-Anne MacKenzie
Keyword(s):  
Married Couples ◽  
Additional Information ◽  
The Family ◽  
Family Home ◽  
The Law

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas 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.

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’.

10. Interests in the family home

2018 ◽  
Author(s):  
Robert Pearce ◽  
Warren Barr
Keyword(s):  
Married Couples ◽  
Current State ◽  
The Family ◽  
Family Home ◽  
The Law ◽  
The Relationship

This chapter starts by outlining some of the changes in society that have driven the development of the law on disputes regarding the family home. When a family is living happily together, there are unlikely to be disputes about the ownership of the family home. However, where the relationship fails, or one of the parties dies, the division of assets-including the family home-can be a deeply divisive issue. Where a couple are married, their dispute can often be resolved through the divorce legislation. Even then, the chapter shows how equity may have a part to play. It also looks at the current state of the law. Most of the cases taken up in this chapter involve cohabiting (rather than married) couples and the family home.

18. Resulting and constructive trusts

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

Land Law

2018 ◽  
Author(s):  
Chris Bevan
Keyword(s):  
Human Rights ◽  
Land Law ◽  
Academic World ◽  
The Family ◽  
Adverse Possession ◽  
Family Home ◽  
The Law

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.

18. Resulting and constructive trusts

2018 ◽  
Author(s):  
Judith-Anne MacKenzie ◽  
Aruna Nair
Keyword(s):  
The Other ◽  
Land Law ◽  
The Family ◽  
Family Home ◽  
The 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.

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.

Textbook on Land Law

2018 ◽  
Author(s):  
Judith-Anne MacKenzie ◽  
Aruna Nair
Keyword(s):  
Real Life ◽  
Third Party ◽  
Final Part ◽  
Land Law ◽  
The Real ◽  
The Family ◽  
Family Home ◽  
Definition Of ◽  
Straightforward Approach

Course-focused and comprehensive, Textbook on Land Law continues to provide an interesting, accessible, and original account of contemporary land law. The seventeenth 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 a subject students often find very abstract, 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 in a leasehold estate, their enforcement and remedies for their breach. Part IV looks at trusts and proprietary estoppel. Part V is about licences and a review of the law relating to the family home. The next part considers third party rights, including mortgages, and the final part concludes with a consideration of the definition of ‘land’.

Textbook on Land Law

2020 ◽  
Author(s):  
Judith-Anne MacKenzie ◽  
Aruna Nair
Keyword(s):  
Real Life ◽  
Third Party ◽  
Final Part ◽  
Land Law ◽  
The Real ◽  
The Family ◽  
Family Home ◽  
Definition Of ◽  
Straightforward Approach

Course-focused and comprehensive, Textbook on Land Law continues to provide an interesting, accessible, and original account of contemporary land law. The eighteenth 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 a subject students often find very abstract, 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 in a leasehold estate, their enforcement and remedies for their breach. Part IV looks at trusts and proprietary estoppel. Part V is about licences and a review of the law relating to the family home. The next part considers third party rights, including mortgages, and the final part concludes with a consideration of the definition of ‘land’.

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