Legal News

Joint ownership—determining the common intention for an investment property (Rowland v Blades)

Published on: 17 March 2021
Published by: LexisPSL
  • Joint ownership—determining the common intention for an investment property (Rowland v Blades)
  • What are the practical implications of this case?
  • Common intention vs resulting trust
  • Evidence
  • Compensation under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) vs occupation rent in equity
  • What was the background?
  • What did the court decide?
  • Common intention
  • Contemporaneous document vs oral evidence
  • Compensation vs occupation rent
  • More...

Article summary

Property analysis: In this case the court considered a claim by a co-owner (CR) who paid for a property which was conveyed into joint names at law with no declaration of trust on the TR1. CR’s application was for a declaration that he was solely beneficially entitled to the property with the other co-owner (SB) having a mere life interest, with remainder to CR’s daughter. He also pleaded a claim for occupation rent of £371,000. Written by Simon Lillington LLM MCIArb, barrister, mediator, family arbitrator at 3 Paper Buildings, Temple, London, who acted for the defendant in this case. or take a trial to read the full analysis.

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