Stack V Dowden
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Stack V Dowden
''Stack v Dowden'' 007UKHL 17is a leading English property law case from the House of Lords case concerning the division of interests in family property after the breakdown of a cohabitation relationship. Facts Mr Stack, a self-employed builder and decorator and then employee of Hammersmith and Fulham LBC, and Ms Dowden, an electrical engineer with the London Electricity Board, had cohabited for almost 18 years and had four children from 1986 to 1991. They then bought a house in 1993 at 114 Chatsworth Road, Willesden Green, London. The property was registered in both their names, but they had not said what their respective shares were on the Land Registry Form. Usually this meant a presumption that they would share equally in the home. However, the purchase was funded by selling a house that was in Ms Dowden’s sole name, her savings and a joint loan, so she had given 65% of the purchase price. Mr Stack had kept his finances separate, but was living in the previous house since ...
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House Of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. The House of Lords scrutinises Bill (law), bills that have been approved by the House of Commons. It regularly reviews and amends bills from the Commons. While it is unable to prevent bills passing into law, except in certain limited circumstances, it can delay bills and force the Commons to reconsider their decisions. In this capacity, the House of Lords acts as a check on the more powerful House of Commons that is independent of the electoral process. While members of the Lords may also take on roles as government ministers, high-ranking officials such as cabinet ministers are usually drawn from the Commons. The House of Lo ...
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English Land Law
English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal system established by William the Conqueror after 1066, and with a gradually diminishing aristocratic presence, now sees a large number of owners playing in an active market for real estate. The modern law's sources derive from the old courts of common law and equity, along with legislation such as the Law of Property Act 1925, the Settled Land Act 1925, the Land Charges Act 1972, the Trusts of Land and Appointment of Trustees Act 1996 and the Land Registration Act 2002. At its core, English land law involves the acquisition, content and priority of rights and obligations among people with interests in land. Having a property right in land, as opposed to a contractual or some other personal right, matters because it creates privileges over ...
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2007 In Case Law
7 (seven) is the natural number following 6 and preceding 8. It is the only prime number preceding a cube. As an early prime number in the series of positive integers, the number seven has greatly symbolic associations in religion, mythology, superstition and philosophy. The seven Classical planets resulted in seven being the number of days in a week. It is often considered lucky in Western culture and is often seen as highly symbolic. Unlike Western culture, in Vietnamese culture, the number seven is sometimes considered unlucky. It is the first natural number whose pronunciation contains more than one syllable. Evolution of the Arabic digit In the beginning, Indians wrote 7 more or less in one stroke as a curve that looks like an uppercase vertically inverted. The western Ghubar Arabs' main contribution was to make the longer line diagonal rather than straight, though they showed some tendencies to making the digit more rectilinear. The eastern Arabs developed the digit f ...
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House Of Lords Cases
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air conditioning systems.Schoenauer, Norbert (2000). ''6,000 Years of Housing'' (rev. ed.) (New York: W.W. Norton & Company). Houses use a range of different roofing systems to keep precipitation such as rain from getting into the dwelling space. Houses may have doors or locks to secure the dwelling space and protect its inhabitants and contents from burglars or other trespassers. Most conventional modern houses in Western cultures will contain one or more bedrooms and bathrooms, a kitchen or cooking area, and a living room. A house may have a separate dining room, or the eating area may be integrated into another room. Some large houses in North America have a recreation room. In traditional agriculture-oriented societies, domestic animals such a ...
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English Property Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Engli ...
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Geary V Rankine
is an English land law case, concerning constructive trusts A constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enri ..., and the establishment of a beneficial interest in an enterprise between a business owner and his or her lover and co-worker. It specifically concerned a case where the latter person received no formal wages and had entered no formal ownership nor partnership agreement nor directly or indirectly contributed in money to the purchase price. Facts Mrs Geary and Mr Rankine had been in a relationship since 1990. In 1996, Rankine purchased a guest house with his own savings. The parties had not intended to live in the property or run it themselves; instead having it run by a manager. Difficulties with the manager led Rankine to run the business himself. He realised that he co ...
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Jones V Kernott
''Jones v Kernott'' 011UKSC 53is a decision by the UK Supreme Court concerning the beneficial entitlement to a co-owned family home under a constructive trust. The court ruled there was a 90:10 split of ownership in favour of the main child-caring partner who contributed 80% of the equity to the home in which she lived. The non-resident partner had also ceased to pay bills and maintenance for the children for a considerable time. Facts Ms Jones and Mr Kernott met in 1980. In 1981 Ms Jones bought a caravan with the help of a bank loan, and in 1984 Mr Kernott moved into the caravan with her upon the birth of their first child. In May 1985 Ms Jones sold her caravan, and the parties bought 39 Badger Hall Avenue, Thundersley in Essex, for £30,000. Ms Jones contributed £6,000, and the balance was raised by an interest-only mortgage. The house was conveyed into their joint names. From this point on they shared payment of the household bills and the mortgage. In 1986 the couple's seco ...
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Abbott V Abbott
''Abbott v Abbott'' 007UKPC 53 was advice from the Privy Council on a case from the Court of Appeal of Antigua and Barbuda, that is relevant for English land law and concerns the nature of constructive trusts. Facts Mr. and Mrs. Abbott were in Antigua and Barbuda and were married. There the shares would still be determined by property law. Mr Abbott was the registered owner. Mr Abbott did not dispute that Mrs Abbott had a share, but disputed the amount. Judgment Baroness Hale, delivering the opinion of the Board, said the following. See also *English land law *English property law English property law refers to the law of acquisition, sharing and protection of valuable assets in England and Wales. While part of the United Kingdom, many elements of Scots property law are different. In England, property law encompasses four ... Notes {{reflist, 2 References * English land case law 2007 in Antigua and Barbuda 2007 in case law Judicial Committee of the Privy Counc ...
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Oxley V Hiscock
is a widely-reported English land law and family law case, concerning cohabitants' constructive trusts and their quantification in a home's equity value. Facts Mrs Elayne Oxley had been living, renting in public housing in Page Close, Bean, near Dartford and under the Housing Act 1985 before leaving had lived there long enough to have the statutory right to buy. She quit the tenancy losing this valuable right, which on her own the court found she likely in a few years would have exercised. Instead she formed a new home with Mr Allan Hiscock, a First Iraq War soldier who had been captured in September 1987 at 35 Dickens Close. She paid 28%, he paid 48% of £25,200, a mortgage the balance. They both contributed to household expenditure, improvements, maintenance and paying off the mortgage. The parties fell out. Oxley claimed 50% of the proceeds. Hiscock claimed 22% to her would be appropriate taking into account also improvements he had made. At trial in the Bromley County Court, ...
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Burns V Burns
''Burns v Burns'' 984 Ch 317, 9841 All ER 244) is a case in English property law dealing with the beneficial entitlements of unmarried cohabittees. Facts The plaintiff, 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 installments and had acted as a homemaker performing domestic duties.Full text of opinion
She had however made financial contributions to the household with regards to household bills and redecorating.


Judgment

The judgment of the case was that in the absence of a financial contribution which could be related to the acquisition to the property such as mortgage instal ...
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Pettitt V Pettitt
''Pettitt v Pettitt'' 970AC 777 is a leading English trusts law case, concerning the presumption of advancement and a spouse's equitable interest in the matrimonial home. Facts In Pettitt, the wife had used her own money to buy a house during the marriage, meaning the title to the house had been in the wife's name, and both she and her husband resided therein until the wife left the husband. The husband claimed that he had carried out a considerable number of improvements to the house and garden. These improvements consisted of internal decoration work, building a wardrobe, laying a lawn and constructing an ornamental wall and a side wall in the garden. By virtue of these efforts the husband sought a beneficial interest in the proceeds of sale of the property. Judgment In the course of his judgment, Lord Diplock said, "It would, in my view, be an abuse of the legal technique for ascertaining or imputing intention to apply to transactions between the post-war generation of marr ...
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