Joint ownership, subjective intention and the common intention constructive trust
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Accepted version
Date
2007-01
Authors
Mee, John
Journal Title
Journal ISSN
Volume Title
Publisher
Sweet and Maxwell
Published Version
Abstract
Suggests an interpretation of common intention constructive trusts over jointly owned property, where no express declaration of beneficial interest has been made, which permits better effect to be given to the true intentions of the parties. Explores the argument that a claim may be defeated if evidence is provided that the claimant's subjective intention was inconsistent with obtaining a greater share than indicated by the legal title. Examines case law, including Springette v Defoe and Stack v Dowden, which supports the present position, arguing that an appeal to the House of Lords in Stack should provide an opportunity for errors of principle to be corrected.
Description
Keywords
Beneficial interests , Constructive trusts , Co-ownership , Declarations of trust , Intention , Real property , Trusts
Citation
Mee, J. (2007) 'Joint Ownership, Subjective Intention and the Common Intention Constructive Trust', The Conveyancer and Property Lawyer, 71, pp. 14-31.
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Copyright
© 2007. This is a pre-copyedited, author-produced version of an article accepted for publication in The Conveyancer and Property Lawyer following peer review. The definitive published version [Mee, J. (2007) 'Joint Ownership, Subjective Intention and the Common Intention Constructive Trust', The Conveyancer and Property Lawyer, 71, pp. 14-31] is available online on Westlaw UK