Legal Aspects of Property Law Assignment
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Added on 2020-05-11
Legal Aspects of Property Law Assignment
Added on 2020-05-11
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ASSESSMENT 22IntroductionLand laws are the laws of land which are related to the rights of usage, exclusion and alienation of the other person from land (Stroud, 2013). The land laws history of England are applicable on the Singapore land laws, and these can be traced back to the Romans, and even to rule of Saxon monarchs which was the Dark Age. The reason for this is that most of the history of human beings deems the land as being a source of their private wealth. The English Court of Chancery led to the development of this body of law, which is deemed as equity and this can be seen as being concurrent o the common law in the present age (Hudson, 2013).Court of Chancery had a key role of enforcing the usage and the role of this could not be accommodated through a stringent framework of the laws of land. And owing to this role, there was a differentiation drawn through the legal interests and the equitable interests (Moffat, Bean & Probert, 2009). And when it comes it the land laws, the registration of land is deemed as a crucial aspect of it. And this land registration system is based on three key principles, i.e., insurance, curtain and mirror (Ford, 2015). In the following parts, the different aspects of these concepts have been discussed with reference to the given case study. Question 1IssueThe key issue in this case has George as the plaintiff and Paul as the defendant. And the case revolves around the legal rights which George can claim regarding the house which had been purchased by Paul and Rose. The rights relate to whether George can be evicted in a
ASSESSMENT 23successful manner by Paul, or not. The creation of express trust of George would be deemed as the key factor which influences the claims made by Paul for evicting him from the house. RuleThe co-ownership in the equity is deemed as tenancy or the joint tenancy commonly. It iscrucial to show the manner in which the ownership is held and where it is a tenancy in common, it becomes crucial to determine the proportion of shareholding which is held by each of the tenants. The extent of the entitlement with regards to the declaration of trust can be freely determined in the express trusts (Liew, 2017). This results in the implications being overridden by the facts, the proportion of the contribution. However, where there is no express trust, for instance in such a case where the trust had been created through a constructive trust or the partiesfail to provide the extent of ownership of conveyance, the beneficial entitlement is simply assumed under the law through the conduct of the people (E-Law Resources, 2017a).In Stack v Dowden [2007] 2 AC 432, Dowden and Stack co-habited the house and purchased in their joint name. However, no declaration had been made with regards to the beneficial interest’s entitlement (Gravells, 2013). The purchasing price of the property came from the savings and sale of property of Dowden. And the remaining was obtained through a mortgage. Upon the separation of parties, a sale of property and equal distribution of proceeds was sought by Stack. The court held that as the legal title had been held jointly, the beneficial interest had to be held jointly and this presumption could only be displaced in case the evidence was shown that this was not the intention of the parties (E-Law Resources, 2017b). A trust denotes the fiduciary relationship amidst parties in which the beneficiary interest of the beneficiary is protected for the land or property which is given to another party, i.e., the
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