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Case Law And Other Legal Literature

Good Essays

Recent case law has clearly bright to the fore the benefits of property owners declaring their beneficial interests. Over the years, the UK tenancy law and especially Joint tenancy law, has held the ‘intention’ part of the parties in a joint tenancy contract under presumption . Declaration of interests at the onset of any property transaction serves to provide clarity about parties’ intention and may help in the future to avoid disputes. This essay seeks to establish the various intention uncertainties that are the cause of peril for the UK joint tenancy and tenancy in common law and the best ways to go about them. This will be done through reference to case law and other legal literature.
For property joint owners, there has always been some uncertainty especially for those who have not made express declaration of their interests. During the Stack v Dowden case, it was expected that the House of Lords would clarify the position, but the House’s decisions, as well as the subsequent of the Supreme Court in Jones v Kernott , have only served to demonstrate the complex issues surrounding this particular legislation.
Joint ownership
In cases where two or more individuals purchase a property in joint names, the law states that the parties involved will hold the legal estate as joint tenants and the beneficial interest in the property as either joint tenants or tenants in common . While joint tenants are entitled to an equal share of the property, tenants in common are able to

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