Q&As

Does the doctrine of unity of seisin apply as between two parcels of land held under one title (residential part and retained part) where—a owns the whole property and transfers the beneficial interest in the residential part to B under a lifetime trust? A and C jointly own the whole property and transfer the beneficial interest in residential part to B under a lifetime trust, A and C retain the legal interest in the residential part and A retains sole legal and beneficial interest in the retained part?

read titleRead full title
Published on LexisPSL on 05/06/2018

The following Property Q&A provides comprehensive and up to date legal information covering:

  • Does the doctrine of unity of seisin apply as between two parcels of land held under one title (residential part and retained part) where—a owns the whole property and transfers the beneficial interest in the residential part to B under a lifetime trust? A and C jointly own the whole property and transfer the beneficial interest in residential part to B under a lifetime trust, A and C retain the legal interest in the residential part and A retains sole legal and beneficial interest in the retained part?

Does the doctrine of unity of seisin apply as between two parcels of land held under one title (residential part and retained part) where—a owns the whole property and transfers the beneficial interest in the residential part to B under a lifetime trust? A and C jointly own the whole property and transfer the beneficial interest in residential part to B under a lifetime trust, A and C retain the legal interest in the residential part and A retains sole legal and beneficial interest in the retained part?

The ‘unity of seisin’ rule dictates that easements and profits cannot exist where the dominant and servient land are in common ownership and occupation. Therefore, if the land was in the common ownership and occupation of A, the easements and profits would be extinguished and all acts carried out on the land are referable to A’s ownership of the land and not to the former right that he had as an easement.

Therefore, it follows that if A (or A and C) transfer(s) the beneficial ownership of the residential parcel of land to B

Related documents:

Popular documents