Formal Equality and Third Party Interests in the Family Home : Trustees of the Property of John Daniel Cummins, a Bankrupt v Cummins

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

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’.


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

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’.


Legal Studies ◽  
1998 ◽  
Vol 18 (3) ◽  
pp. 369-390 ◽  
Author(s):  
Simone Wong

Ownership of the family home is usually not disputed until either the relationship between the spouses or cohabitants breakdown or there is a competing claim over the property by a third party. In such circumstances, determination of ownership rights becomes imperative. The Matrimonial Causes Act 1973 gives the courts adjustive powers to deal with disputes between spouses on the breakdown of the marriage. Notwithstanding this, there may be circumstances where it will be necessary or desirable to determine property rights between spouses. Furthermore, the adjustive powers of the courts are not applicable to cohabitants. Thus, in the absence of legal co-ownership in the family home, cohabitants and spouses who cannot rely on the 1973 Act will have to establish an equitable interest in the property. The analyses relied on are primarily based on property law and trusts principles and, more particularly, imputed trusts and proprietary estoppel. Under trusts principles, imputed trusts are usually taken to refer to resulting and constructive trusts.


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’.


Inclusion ◽  
2017 ◽  
Vol 5 (4) ◽  
pp. 279-292 ◽  
Author(s):  
Meghan M. Burke ◽  
Chung eun Lee ◽  
Moon Y. Chung ◽  
Kristina Rios ◽  
Catherine K. Arnold ◽  
...  

Abstract With recent policy changes and case-law decisions, there are more opportunities for adults with intellectual and developmental disabilities (IDD) to live independently in inclusive settings. It is necessary to identify malleable correlates of community living options to develop interventions to increase inclusive, independent living. To this end, 546 parents and siblings of adults with IDD responded to a national survey. According to parent and sibling report, adults with IDD were more likely to live outside of the family home when the family engaged in future planning, the individual had more informal supports and more functional abilities and had parents with fewer caregiving abilities. Among the 187 adults with IDD who lived outside of the family home, individuals with more problem behaviors and fewer functional abilities were more likely to live in larger group homes (versus independently with or without supports). Further, when the family engaged in more future planning activities, adults with disabilities were more likely to live in a group home (versus independently). When parents had fewer caregiving abilities, adults with disabilities were more likely to live in bigger group homes (versus independently). Implications for policymakers, practitioners, and research are discussed.


Author(s):  
Joanna Senderska ◽  
Iwona Mityk ◽  
Ewa Piotrowska-Oberda

AbstractThe article discusses the image of the family and the family home in a series of novels for young people by the popular Polish writer Małgorzata Musierowicz in the context of literary conventions and stereotypes about the family in contemporary Polish society. The novels, which cover a period of over 40 years, generally fit contemporary Polish realities; however, the didactic function of the novels results in the author creating an idealized image of the Polish intellectual family, filling the readers with optimism. The picture created by the writer, on the one hand, fits perfectly into the stereotype of the family, which is one of the values highly esteemed by Poles. On the other hand, it adapts to the conventions of novels for girls. In this article, the stereotype of the family is reconstructed on the basis of language data and surveys. We present the meanings and contexts of family as a noun and family as an adjective. We also present the results of our survey, the aim of which was to determine an essence of a stereotypical family and how the traditional family model is comprehended by respondents coming from various groups. We also present the respondents’ attitude to the patriarchal family model and the division of roles into male and female. In our opinion, the correspondence between the family picture created in the novels and the image of the family operating in social consciousness is the reason for the popularity of the series.


1985 ◽  
Vol 31 ◽  
pp. 545-569

Keith Stewartson, one of the most mathematically profound of this century’s great applied mathematicians active in the mechanics of fluids, was brought up in Billingham, County Durham , where his father was a master baker. Keith was the youngest of three children, two boys and a girl, but his sister died very young and he was not subsequently able to remember her. Later on, an eminent academic career was nearly smothered at its inception when the eleven-plus examiners failed Keith Stewartson. Fortunately, however, they put him on a reserve list, from which he was in the end selected for entry to Stockton Secondary School. After a brilliant performance in the School Certificate Keith was encouraged to enter only a year later, in 1942, for the Higher School Certificate. Immediately after his extremely distinguished examination achievement leading to a State Scholarship and Kitchener Memorial Scholarship to St Catharine’s College, Cambridge, the family home received a direct hit from a German bomb. Happily, however, the Stewartsons escaped owing to their air-raid shelter’s robust construction.


2017 ◽  
Vol 20 (5) ◽  
pp. 543-559 ◽  
Author(s):  
Jean M Bruce

This article argues that the property television programme, Love It or List It (2008–), employs conventions from the classic screwball comedy to both consolidate its position within the lucrative realty TV market – especially in response to the recent (2008) recession – and negotiate modern gender dynamics within the home. Its Depression-era (1930s) financial and aesthetic resonances are not incidental. And, as with much contemporary culture, this modern iteration of the screwball comedy is not discretely contained by medium or genre of influence: Love It or List It also borrows flourishes from documentary, tabloid TV, melodrama and the gothic novel. In keeping with its reference to a kind of baseball pitching style that is difficult for hitters to anticipate, the screwball’s tendency to suddenly switch course has been identified as its central means for engaging in cultural critique. Love It or List It as an exemplar of reality TV’s recombinant style is still very much like its cinematic predecessor: it has the adeptness to say many things to many audiences. This article makes no claims for Love It or List It’s progressive politics; rather, as with some classic screwball comedies, it explores the possibility that equivocating, shifting course or otherwise abandoning narrative logic register a profound ambivalence about marriage, coupledom and the family home as sacrosanct loci of modern life.


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