A well written and detailed Land Law lecture notes containing outstanding explanation of each particular area of land. Extremely descriptive approach allows you to understand the Land Law more effectively, providing tremendous fundaments for achieving the best possible grade. Apart of legislation ...
Title Register (Registered Land) – Provide the confirmation of legal ownership.
Title Deeds (Unregistered Land) – Provide the confirmation of legal ownership.
Non-Owning Cohabitee – Person living with the legal owner; having no legal
interest in the home.
Pettitt v Pettitt – Equity should follow the law. The name of the title is the person
who owns the property.
How Might Trust Arise?
Expressly (Formally) – Section 51(1)(b) Law of Property Act 1925 – Requires the
declaration of trust to be evidenced in writing and signed by the settlor.
Resulting and Constructive Trust (Informally) – Section 53(2) Law of Property
Act 1925 - Both excluded from the need for written evidence
Resulting Trust – Arises at the time when the property was purchased. The
contribution of the Non-owning Cohabitee has to relate to the purchase price; it can
be cash, or it can be a mortgage. If it is not mortgage, it must be agreed at the time
of the purchase.
Contributions to the household expenses does not amount to the resulting
trust.
Burns v Burns [1984] – (Decoration of the house / Relationship broke / Lack of
financial contributions to the purchase price / No resulting trust)
Valerie Burns, lived with the defendant for 19 years, Patrick Burns, whom she never
married. The house had been bought in the name of the defendant who also paid the
purchase price with the plaintiff making no financial contributions to the purchase
price or mortgage instalments and had acted as a homemaker performing domestic
duties. She had however made financial contributions to the household with regards
to household bills and redecorating.
Held: In the absence of a financial contribution which could be related to the
acquisition to the property such as mortgage instalments there is no right to a
beneficial entitlement to a family home.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Krystian. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £3.49. You're not tied to anything after your purchase.
