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Co-owners and severance - determining beneficial entitlement after Stack

Co-owners and severance - determining beneficial entitlement after Stack

Pawlowski, Mark ORCID: 0000-0002-5473-5809 and Brown, James (2013) Co-owners and severance - determining beneficial entitlement after Stack. Trust Law International, 27 (4). pp. 172-178. ISSN 0962-2624

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Abstract

The article seeks to examine the effect of a severance of a joint beneficial title following the House of Lords' ruling in Stack v Dowden [2007] 2 AC 432. If, under Stack, the parties' beneficial interests fall to be treated as identical to their legal interests (in effect, giving rise to a joint tenancy both at law and in equity), how does the mechanism of severance of a joint beneficial tenancy actually operate so as to give rise to separate and unequal shares where the parties' common intention has changed by virtue of post-acquisition events? The question is examined by reference to an ambulatory and new constructive trust, as well as where the parties have entered into an express declaration of trust of their beneficial interests.

Item Type: Article
Uncontrolled Keywords: co-owners, beneficial interests, joint tenancy, constructive trust, declaration of trust, severance, co-ownership
Subjects: K Law > KD England and Wales
Pre-2014 Departments: School of Humanities & Social Sciences > Law & Criminology Research Group
School of Humanities & Social Sciences
Related URLs:
Last Modified: 14 Oct 2016 09:26
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
Selected for GREAT 2019: None
URI: http://gala.gre.ac.uk/id/eprint/11205

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