Chapter 10- Protecting Coownerships/ Flashcards
When does owning land create a trust of land with equitable interests?
Whenever there is coownership in land
Are equitable interests arising under constructive or resulting trusts registrable Lang charges?
No, and they are governs by the doctrine of notice and ARE subject to overreaching
When do equitable interests arrise in ownership
If there is a sole owner and they cannot overreach equitable land.
If someone buys from a sole owner, what are they subject to?
The doctrine of notice
When buying from a sole owner. What factor is the notice in the doctrine of notice
Occupation
Which case law evidences occupation in doctrine of notice
Kings north trust ltd v tizard
If the land is registered can an equitable interest be protected?
Yes, by way of restriction
What is stated in para 2 sch 3 LRA 2002
If equitable interest is on unregistered land but the holder is in occupation the interest will be an interest capable if being overriding
Which act protects spouse interest in land
s37 Matrimonial proceedings and Property Act 1970
What does s37 Matrimonial proceedings and Property Act 1970 cover
Any spouse who makes a substantial in money or money’s worth to the property has a share unless implied otherwise
What act allows the court to determine contributions under a broken relationship
S25 matrimonial cause Act 1973
What does Part IV of the Family Law Act 1996 cover
Extensive rights to occupation in the matrimonial home and the occupants rights
ss30 and s31 under the Family Law Act 1996
Allows spouses to protect their matrimonial rights by way of Class F land charge on unregistered land and by notice on registered
Which act allowed civil partnerships to be given the same as spouses in matrimonial rights
Civil partnerships Act 2004
Which act allowed opposite sexes to form a civil partnership
Civil partnerships, marriages and Death act 2019
