Property analysis: The court decided that a father and son held a property in trust for themselves as tenants in common in equal shares. As part of its findings, the court decided that the declaration of trust in box 11 of the transfer of part (TP1) was valid despite the fact that the transferees had not signed the TP1.
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Contracts for the sale of land—formation, signature and variationIntroductionA contract for the sale, or other disposition, of an interest in land is void unless it complies with section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989). This provides that it must:•be in
Title guarantee and covenants for titleOn the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a
Establishing a beneficial interest (joint ownership)Where two or more people together own real property, they hold it under a trust of land. Where property is held on a trust of land, the legal estate and equitable estate are separate. The legal estate must be held by the co-owners as joint tenants.
Resulting trustsResulting trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are constructive and implied trusts, although it is perhaps doubtful whether there is any form of implied trust which is not in fact either a resulting
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