Property Law Second Term - FAMILY HOMES Flashcards
What case made it clear inferred CI is an objective test
Jones v Kernott
Laskar v Laskar
Mother daughter investment
What are the two requirements for acquisition of a CT in sole legal ownership?
Agreement/arrangement/understanding and detrimental reliance
Grant v Edwards
‘Conduct on which [someone] could not reasonably have been expected to embark unless [he/she] was to have an interest’
Who argued in Oxley that there is ‘no difference in outcome’ between CT and PE?
Chadwick LJ
Who said Inferred CI should not be used for acquisition?
Lord Wilson
Hale in Jones on ‘equity follows’
No presumption, but will follow when there is an ‘emotional and economic commitment to a joint enterprise’
Who called inferred CI a ‘fiction’ and in what case
Lord Kerr in Jones
What case gave two requirements for acquisition in sole legal ownership cases?
Lord Bridge, Lloyds Bank v Rosset
Who referred to a ‘domestic’ context for family home in stack?
Hale
What are the three possible ways to quantify joint legal ownership shares?
Actual, inferred or imputed
What did Hale in Stack suggest (obiter) about express/inferred/implied?
Applies to quantification AND acquisition
Who supported a constructive trust in Stack v Dowden
Hale and Walker
Goodman v Gallant
‘Conclusive’ declaration of an express trust
Why was Coombes v Smith not CT?
D already owned the house
what did Bridge say about inferring agreement?
Only from direct contribution to purchase price as ‘doubtful whether anything less will do’
What is an ambulatory trust?
When common intention changes over time
What is the problem with an ambulatory trust?
You need severance to change JT to TC, so new method?
Oxley v Hiscock
CT and PE
Jones v Kernott facts
90% to wife
What case suggested Bridge was wrong on inferring agreement for CT?
Aspden v Elvy
Who referred to ‘matrimonial or quasi-matrimonial’ context for family home in Stack?
Walker
Stack v Dowden facts
65% given to the wife - they had separate finances, suggesting they wished to keep their individual shares separate
When is Goodman v Gallant set aside?
Unconscionable or proprietary estoppel
What is suggested to be a block on imputation for acquisition in sole legal ownership?
The fact that V needs to have relied on the assurance - can’t rely on something made up
Coombes v Smith
Affair, children
Chadwick LJ in Oxley
‘No difference in outcome’ between CT and PE
How did Rosset and Stack argue purchase price could play a dual role?
For implied common intention it could prove intention and detriment
Greasley v Cooke
Evidence of detriment presumed reliance
Why did the government reject the TR1 form being compulsory?
Against their anti-regulatory agenda
What do s.1(6) and s.36(2) LPA make clear?
Only JT at law
What is the issue with Hale obiter in Stack?
Imputed intention for acquisition would allow CT to arise without any agreement at all
Why might the TR1 Form not be used?
Need more than one transferee, DIY conveyancing, ignoring possibility of breakdown or undue influence
Jones v Kernott on resulting trust
No presumption of an RT from unequal shares if romantic relationship
‘Conduct on which [someone] could not reasonably have been expected to embark unless [he/she] was to have an interest’
Grant v Edwards
Eves v Eves
‘This will always be your home’
How does one determine inferred common intention?
‘In light of the whole course of conduct’ (Hale in Stack)
Laskar and Stack
Stack has no application because for investment
Eves v Eves ratio
Actual common intention even if not genuine
What are the formalities for an express trust?
S.53(1) LPA
Who said inferred CI is ‘in light of the whole course of conduct’?
Hale in Stack
What if Stack had applied in Laskar?
Would have rebutted equity follows the law
Why are s.1(6) and s.36(2) LPA problematic for joint legal ownership?
They show you haven’t chosen interests at law, so why should equity follow the law?
Who referred to ‘sexual, platonic, familial’ etc context for family home in Stack
Neuberger
Who supported a resulting trust in Stack?
Neuberger
How is quantification for sole legal ownership CT worked out?
Same as for joint - Stack v Dowden
Hale in Stack on ‘equity follows the law’
Rebutting is not ‘a task to be lightly embarked upon’
Aspden v Elvy
Habitable work
What two types of agreement can be found for acquisition in sole legal ownership?
Express or inferred
What is inferred CI?
What reasonable people would have done
What sections of the LPA make it clear only JT at law?
S.1(6) and s.36(2) LPA
Why is there no writing needed for a CT or RT?
S.53(2) LPA excludes it
How did Rosset distinguish CT from PE?
CT needs discussions before purchase
Lord Bridge in Oxley
Overlap between CT and PE
Who suggested the TR1 Form should be compulsory?
Law Commission
When is there a more expansive notion of family home than in CT?
PE
Stack v Dowden on resulting trust
Not for family home as the ‘law has indeed moved on’ from Lloyds Bank v Rosset
why did Coombes v Smith fail?
No detriment
What case suggested an ambulatory trust may be possible?
Jones v Kernott
What two cases conflict on whether mortgage repayments can be used for an RT?
Laskar v Laskar, Curley v Parkes
Curley v Parkes
Mortgage repayments not for RT
Mortgage repayments NOT for RT
Curley v Parkes
Abbot v Abbot
RT not for quantification or acquisition in a family home case as only focuses on payment of money
Why was there no detriment in Coombes v Smith?
She would have moved in anyway
