The following Property Q&A provides comprehensive and up to date legal information covering:
While the legal interests in land can only be held as joint tenancy where there is more than one owner (see section 36(2) of the Law of Property Act 1925 (LPA 1925)), the beneficial interests may be held as joint tenants or tenants in common. When land is conveyed with an express declaration that the beneficial interests are to be held as a joint tenancy or such a situation arises as of the presumption to that effect following Jones v Kernott, it is open to any one of the joint tenants to sever it. This has the effect of meaning that the beneficial interests are held as a tenancy in common. As Walton J put it in Nielson-Jones v Fedden:
‘…upon a severance the person severing will tak
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On 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 lease, but this is rare in practice.
Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)
The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or transaction•in the form of a document, notwithstanding the form of the underlying document, fact, event or transactionThe purpose of the notarial act is
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied
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