Occupation rent: A fair share

Mark Pawlowski examines the principles to be applied when a co-owner or their trustee in bankruptcy claims an occupation rent A co-owner in occupation is not obliged to pay occupation rent merely because they are living in the property and the other co-owner is not, and something more must be shown to make it just …
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Practice spotlight: Can you trust your instincts?

Sheila Rusike and Jo Summers outline some interesting trust practice points gleaned from their recent experience for the benefit of other practitioners It is worth checking exactly how the trustees’ names appear on the Land Registry records to make sure any deeds you create (such as a deed of retirement and appointment) match. Trust and …
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Joint ownership: Common intention and detriment?

Mark Pawlowski considers whether detriment is a necessary requirement in joint ownership cases involving the family home In a joint names case… the decision suggests that, once the claimant has established entitlement to a share in equity, the amount of their share may vary, or ambulate, following a change in the common intention without the …
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