Joint Ownership of Land

Land Law ◽  
2020 ◽  
pp. 111-134
Author(s):  
Elizabeth Cooke
Keyword(s):  
Dispute Resolution ◽  
Family Business ◽  
Land Law ◽  
Land Dispute ◽  
Dynamic Security ◽  
Joint Ownership ◽  
The Law ◽  
Static Versus Dynamic ◽  
Ownership Of Land ◽  
Trust Of Land

The chapter examines the law that manages joint ownership using the structure known as the ‘trust of land’. It begins by introducing the different circumstances in which joint ownership can arise (family, business, or succession), and the distinction between joint tenancy and tenancy in common, and how to tell them apart. It then looks at the ways in which a joint tenancy can be severed. The chapter explains the provisions of the Trusts of Land and Appointment of Trustees Act 1996 (TLATA) which governs the operation of the trust of land. Dispute resolution and bankruptcy are considered. The chapter concludes with a look at the conflict of static versus dynamic security in land law, and discusses the use of restrictions to protect unregistered ownership interests in land.

scholarly journals PERLINDUNGAN HUKUM HAK ATAS TANAH ULAYAT MASYARAKAT HUKUM ADAT DI KABUPATEN MALUKU TENGGARA.

2019 ◽  
Vol 5 (1) ◽  
pp. 133-146
Author(s):  
Cornelia Junita Welerubun
Keyword(s):  
Dispute Resolution ◽  
Legal Protection ◽  
Land Rights ◽  
Land Dispute ◽  
The Law ◽  
The Government ◽  
Ownership Of Land ◽  
Ownership Rights ◽  
The Relationship

Unalienated land dispute resolution in a way that is custom done by indigenous chiefs to resolve the dispute relating to customs. To resolve the disputes of indigenous chiefs hold a customary or sitting often known as judicial customs. The judicial nature of the Customs mediation, there is King as a mediator in it. The important role of indigenous chiefs of in dispute resolution is needed, this is because Community law is very respectful of indigenous chiefs. Legal protection must be viewed stages namely legal protection was born from a provision of the law and the rule of law given by a society that basically is the community's agreement to regulate the relationship between the behavior members of the society and between the individuals with the Government deemed to represent the interests of the community. Legal protection is not a true picture of the work function of the law itself that its purpose is not to provide other guarantees of fairness, expediency and also legal certainty. Legal protection will be more evident in the ownership of land rights is supported by the presence of certificate of land rights, as a means of proof of land ownership rights.

7. Consecutive and Concurrent Interests in Land

2019 ◽  
pp. 217-239
Author(s):  
Martin George ◽  
Antonia Layard
Keyword(s):  
Land Law ◽  
Second Person ◽  
Third Person ◽  
English Law ◽  
The Law ◽  
Ownership Of Land ◽  
Trust Of Land

According to the doctrine of estates, which provides the theoretical underpinnings of modern Land Law in England, a number of estates could exist simultaneously with regard to the same piece of land. Land could be settled upon one person for life, the remainder to a second person in fee tail, and the remainder to a third person in fee simple. The interests of the second and third persons are called future interests, which are considered consecutive interests in the land. In addition to consecutive interests, one can also have concurrent interests in the land. This chapter discusses the methods by which English law accommodates both consecutive and concurrent interests in the land. It also considers the law relating to co-ownership of land, the powers of the tenant for life, the structure of settlements, sale of trust, trust of land, the rights of beneficiaries, and overreaching.

8. Consecutive and Concurrent Interests in Land

2017 ◽  
Author(s):  
Mark P. Thompson ◽  
Martin George
Keyword(s):  
Land Law ◽  
Second Person ◽  
Third Person ◽  
English Law ◽  
The Law ◽  
Ownership Of Land ◽  
Trust Of Land

According to the doctrine of estates, which provides the theoretical underpinnings of modern Land Law in England, a number of estates could exist simultaneously with regard to the same piece of land. Land could be settled upon one person for life, the remainder to a second person in fee tail, and the remainder to a third person in fee simple. The interests of the second and third persons are called future interests, which are considered consecutive interests in the land. In addition to consecutive interests, one can also have concurrent interests in the land. This chapter discusses the methods by which English law accommodates both consecutive and concurrent interests in the land. It also considers the law relating to co-ownership of land, the powers of the tenant for life, the structure of settlements, sale of trust, trust of land, the rights of beneficiaries, and overreaching.

17. Co-ownership

2018 ◽  
Author(s):  
Judith-Anne MacKenzie ◽  
Aruna Nair
Keyword(s):  
Land Law ◽  
The Law ◽  
Ownership Of Land ◽  
The Relationship

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter discusses rules relating to the co-ownership of land. It covers joint tenancy; tenancy in common; creating a tenancy in common of the beneficial interest under a trust; the cases of Stack v Dowden and Jones v Kernott; the severance of a joint tenancy; the relationship between co-owners; and the ending of co-ownership.

17. Co-ownership

2020 ◽  
pp. 340-365
Author(s):  
Judith-Anne MacKenzie ◽  
Aruna Nair
Keyword(s):  
Land Law ◽  
The Law ◽  
Ownership Of Land ◽  
The Relationship

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter discusses rules relating to the co-ownership of land. It covers joint tenancy; tenancy in common; creating a tenancy in common of the beneficial interest under a trust; the cases of Stack v Dowden and Jones v Kernott; the severance of a joint tenancy; the relationship between co-owners; and the ending of co-ownership.

13. Express and implied trusts

2020 ◽  
pp. 291-301
Author(s):  
Judith-Anne MacKenzie ◽  
Aruna Nair
Keyword(s):  
Detailed Account ◽  
Land Law ◽  
The Law ◽  
Trust Of Land

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 provides an outline of certain matters relating to trusts of land. It covers the separation of title and enjoyment; express and implied trusts; statutory trusts; and the pre-1997 methods of creating settlements of land, which are now replaced by the new trust of land under the Trusts of Land and Appointment of Trustees Act 1996. In addition, the chapter includes a more detailed account of resulting and constructive trusts.

Land Law

2020 ◽  
Author(s):  
Elizabeth Cooke
Keyword(s):  
Land Law ◽  
Unique Role ◽  
The Supreme Court ◽  
Static Security ◽  
The Law ◽  
The Many ◽  
Ownership Of Land ◽  
Court Of Appeal ◽  
Law Commission

This book is an account of the land law of England and Wales written in the Clarendon style: as a letter to a friend, with a minimum of footnotes and statutory material. It explains the origins of land law in the feudal system, its transformation by the legislation of 1925, and the modern regime in which registration is the key to the validity and enforceability of interests in land. The unique role of the trust in English law is explored, and the many complications that can arise where ownership of land is shared (whether concurrently or consecutively). Themes of the book include the management of complexity in land law, and the tension between dynamic and static security. The law of mortgages, leases, easements, and covenants is explained. Recent decisions of the Court of Appeal and the Supreme Court are discussed, as are reform proposals by the Law Commission.

13. Express and implied trusts

2018 ◽  
Author(s):  
Judith-Anne MacKenzie ◽  
Aruna Nair
Keyword(s):  
Detailed Account ◽  
Land Law ◽  
The Law ◽  
Trust Of Land

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 provides an outline of certain matters relating to trusts of land. It covers the separation of title and enjoyment; express and implied trusts; statutory trusts; and the pre-1997 methods of creating settlements of land, which are now replaced by the new trust of land under the Trusts of Land and Appointment of Trustees Act 1996. In addition, the chapter includes a more detailed account of resulting and constructive trusts.

9. Co-ownership 1: Acquisition of Interests in the Home

2017 ◽  
Author(s):  
Mark P. Thompson ◽  
Martin George
Keyword(s):  
Case Law ◽  
Intimate Relationship ◽  
Legal Issues ◽  
The Family ◽  
Cohabiting Couples ◽  
Joint Ownership ◽  
Family Home ◽  
The Law ◽  
Ownership Of Land ◽  
Law Commission

Co-ownership of land can involve a number of quite different relationships. One type of relationship, which has caused the most anxiety, is that between cohabiting couples in an intimate relationship. Much of the case law dealing with the acquisition of interests in land has arisen in the context of disputes over ownership of the family home. In the case of the matrimonial home, such disputes became possible only in 1882. This chapter, which explores legal issues concerning co-ownership of matrimonial property in England, focusing on acquisition of interests in the matrimonial home, first discusses the creation of co-ownership before turning to express declarations of ownership. It also considers resulting, implied, and constructive trusts as well as joint ownership of the legal title, sole ownership of the legal title, contributions and resulting trusts, purchase money resulting from trusts, reform of the law on co-ownership, and proposed legislation by the Law Commission.

scholarly journals LAND OWNERSHIP BASED ON NATIONAL LAND LAW IN INDONESIA

2018 ◽  
Vol 3 (1) ◽  
pp. 65
Author(s):  
Irene Eka Sihombing
Keyword(s):  
Reference Material ◽  
Qualitative Method ◽  
Land Rights ◽  
Land Ownership ◽  
Land Law ◽  
Normative Study ◽  
The West ◽  
Foreign Nationals ◽  
The Law ◽  
Ownership Of Land

This study examines the certainty of ownership of land rights under the national law on land in Indonesia. The study is a normative study focused on reviewing the laws governing land and ownership for Indonesian citizens and foreign nationals living in Indonesia. The approach used in this study is the conceptual and statute approach to the law. The data collected in the form of articles of law that regulate and related to land and ownership. Qualitative method is a method used in analyzing and presenting data. The results indicate that the statutory provisions are indispensable. The ownership of land rights previously adopted from the Land Law of the West is no longer applicable to date in Indonesia. The study is recommended for those interested in the system and land law investigations to be used as reference material in the theoretical and practical review of the law.

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