laws

An important point about trusts is that it is necessary that the trust property be sufficiently identifiable - Re London wine Co shippers ltd 1986, there is no uncertainty as to the identity of the beneficiaries - Morice v Bishop of Durham 1805   and the intention of the person must be clear that he or she must intend to create a trust. Very important pointer from CT Emery- The most hollowed principles certainties of beneficiaries of trusts and powers of appointment   "A trust is to be upheld if there is sufficient practical certainty for it to be carried out if necessary, with the assistance of the court according to the expressed intention of the settlor." Types of Expressed trusts  Expressed Trusts  These types of trusts are declared intentionally by the settlor. Typically the settlor will intend to settle specific property on tryst for clearly identifiable  beneficiaries  to be held by appointed trustees according to terms set out by the settlor. 1. fixed tru

'Britain's biggest ever land-grab' Are squatters' rights unfair to property owners? +Clare Dyer examines the case of the £10m windfall The Guardian , Tuesday 9 July 2002 02.05 BST Henwick Manor in the heart of the Berkshire countryside is the sort of property townies drool over in the pages of Country Life. This splendid piece of real estate with its six-bedroom farmhouse and 67 hectares of prime farming land reportedly harboured fugitive Catholic priests in the reign of Elizabeth I. Last week, it became an even more desirable property, when the highest court in the land, the House of Lords, handed its owner, Caroline Graham

Terminating a lease agreement With Harold B Malcolm Wednesday, August 10, 2011 AN inevitable part of business is that owners of property will lease them for the carrying on of various trades, residential purposes and other activities. Equally true is the fact that hardly any other relationship is potentially more contentious than that of landlord and tenant. It is for this reason that a well-prepared lease is so crucial for the protection of both parties and the preservation of harmonious commercial arrangements. However, even in the best circumstances, landlords sometimes have tremendous difficulties with tenants, particularly as it relates to the non-payment of rent. The most obvious question therefore, is how does one remove a non-paying tenant? Given that a lease is a contract, all parties are expected to observe all the covenants (terms), such as the payment of rent. When a tenant fails to honour his obligation, the landlord is e

Laws of eve - Evicting a tenant (Part 1) - Flair - Jamaica Gleaner - Monday | February 14, 2011

Severing a Joint Tenancy   A joint tenancy may be severed in three ways as stated in the case Williams v Hensman 1. Anyone of the persons interested in operating upon his own share may create a severance as to that share. the right of each tenant is a right to survivor-ship only in the event that no severance having taken place of the share which is claimed under jus accrescendi . Each one is at liberty to dispose of his own interest in such a way manner as to sever it from the joint fund losing of course at the same time, his own right to survivor ship. 2.Joint tenancy may be severed may be severed by mutual agreement. 3. There may be a severance by any course of dealing sufficient to intimate that the interest all were mutually treated as constituting a tenancy in common. The case of Kinch v Bullard [1998] 4 All E.R. 650 is also important and instructive here  as this affects the way in which severance occurs especially when matters concerning the communication of the no