Beneficial ownership and detriment

Considers the factors which contribute to a court finding that a cohabitee has a beneficial interest in property, in particular the detriment which is required to establish a constructive trust, with reference to the Chancery Division decision in Levi v Levi and previous case law. Outlines the provisions on express or inferred common intention. Considers whether a loan of money from the non-owning to the owning cohabitant, made at a lower level than commercial loans, towards the purchase the property was sufficient detriment to entitle her to proceeds of sale from the property.

Constructive thinking

Discusses the House of Lords ruling in Cobbe v Yeoman's Row Management Ltd on whether the doctrine of constructive trust, as an alternative to proprietary estoppel, could be invoked by a property developer under the Law of Property (Miscellaneous Provisions) Act 1989 s.2(5) where an agreement for the acquisition of an interest in land failed to comply with s.2(1), but where the developer had incurred expenditure obtaining planning permission to develop the property. Reflects on whether there are circumstances in which the courts will find a constructive trust in order to avoid the effects of s.2(1).

Jackson v JH Watson Property Investment Ltd.

Comments on the Chancery Division decision in Jackson v JH Watson Property Investment Ltd on whether a landlord was liable in nuisance to a long leaseholder in respect of damage caused to the demised property by a building defect which pre-dated the grant of the lease or whether the principle of caveat lessee applied. Considers whether the defect amounted to "disrepair" within the meaning of the landlord's repairing covenant.

Resulting trusts, joint borrowers and beneficial share

Reviews case law illustrating the courts' approach to beneficial ownership of property purchased in joint name by means of a joint mortgage but without any declaration of beneficial interest, the resulting trust and joint beneficial interest presumptions. Contrast the approach adopted in cases where one party made no contribution to the mortgage payments with those where both parties made a contribution. Highlights the courts' treatment of the right to buy discount afforded tenant purchasers and property purchased as a commercial venture rather than a home.

Oral agreements: estoppel, constructive trusts and restitution

Analyses the House of Lords judgment in Cobbe v Yeoman's Row Management Ltd in relation to claims by the prospective purchaser under an oral agreement for sale of a block of flats based on proprietary estoppel, a constructive trust and common law restitution brought against the owner of the property who sought to resile from the agreement after the purchaser had, at considerable expense, obtained planning permission to redevelop the property in reliance on assurances given by the owner that if permission was granted the sale would be honoured.

Paying the price for loss of light

Considers the Court of Appeal ruling in Forsyth-Grant v Allen on the principles to be applied in assessing damages for the loss of light. Outlines the method for calculating damages for loss of right to light, the type of amenity which will be included in calculations for loss of amenity and the process applied in this case for assessing damages arising from the loss of profits that would have been made by the owner of the right to light if they had negotiated to relax the covenant, with reference to case law. Notes the limits to damages available for hypothetical loss and the difference between this award of profits and an account of profits.

Pre-nups: precedents in need of reform?

Traces the development of the law relating to the enforceability of pre-nuptial agreements, given the potential conflict between such an agreement and the jurisdiction of the court to determine financial provision on divorce. Sets out the 16 point checklist laid down by K v K (Ancillary Relief: Prenuptial Agreement) against which the enforceability of an agreement should be judged. Comments on the significance given to the pre-nuptial agreement in ancillary relief proceedings in Crossley (Susan) v Crossley (Stuart), where the parties were required to show why the agreement should, or should not, determine the outcome of the proceedings.

Testamentary promises

Comments on the Court of Appeal ruling in Thorner v Curtis on whether, where the owner of a farm died intestate, the claimant, who had worked on the farm for years and had come to believe that he would inherit the farm, could rely on proprietary estoppel based on hints and remarks made over the years by the deceased, even though the deceased had made no express promise. Reviews case law on proprietary estoppel.

Too much formality?

Reflects on problems created by the formalities applicable to leases, with reference to the exceptions to the rule that leases be made by deed and the position of tenants paying rent under a void lease. Considers possible proposals for simplifying the system, including the introduction of a single requirement that all leases be in writing, abolishing the need for a deed when assigning a tenancy and reforming the right of tenants under a short lease to oblige landlords to supply written details of the tenancy terms.

Does the penal lobby matter anymore?

The author argues that the penal reform lobby is no longer the dominant force it once was and that it must adapt to a changing policy environment.

No more nonsense

Discusses the approach of the courts to the quantification of beneficial interests in the family home in the event of a relationship breakdown. Assesses the clarification provided by the Court of Appeal ruling in Fowler v Barron on whether the respondent was the sole beneficial owner of a property purchased with his former partner, by means of a significant cash contribution from him and a mortgage in both their names, focusing on whether he could rebut the presumption that they held the property as joint tenants in equity where it was registered in joint names. [From Legal Journals Index]

Watching the clock

Discusses the implications of the Court of Appeal ruling in Ashe v National Westminster Bank Plc on whether a mortgagee's right to possession ran from the date that the legal charge was made over property, meaning that attempts to enforce possession 12 years after the mortgage was agreed were statute barred. Considers the reasons for banks to delay possession, the application of adverse possession rules in this context and the issue of public interest. Advises mortgagees on the benefits of limiting rights to possession to only become actionable when mortgagors are in default to avoid claims becoming statue barred. [From Legal Journals Index]

Back to the bad old days?

Reviews the Court of Appeal decision in James v Thomas that a cohabitee had not acquired an equitable interest in a property registered in her former partner's sole name through a constructive trust, based on express or inferred common intention, or by proprietary estoppel. Highlights the inconsistent approach of the courts to cohabitee disputes. Outlines the Law Commission's proposals in its 2007 report, Cohabitation: The Financial Consequences of Relationship Breakdown, notes the factors to be taken into account by the courts, and speculates on the case's outcome if the proposals were applied. [From Legal Journals Index]

Rights for cohabitants

Reviews the guidance given by the House of Lords in Stack v Dowden on quantifying the beneficial interests of cohabiting parties in their former family home when one party seeks to rebut the presumption of joint beneficial ownership. Comments on the subsequent application of the principles by the county court in Adekunle v Ritchie and by the Privy Council in Abbott v Abbott, highlighting the approaches used to establish an equitable interest and to quantify the parties' shares in the properties. Considers whether statutory intervention is now needed to resolve the difficulties. [From Legal Journals Index]