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To What extent, if at all, has the recent Court of Appeal Decision in Oxley v Hiscock [2004] 3 ALL ER 703 clarified the law relating to informally created interests in the shared home?
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Property and Trusts 2 Part 1 Sharing Homes a discussion paper Question - To What extent, if at all, has the recent Court of Appeal Decision in Oxley v Hiscock [2004] 3 ALL ER 703 clarified the law relating to informally created interests in the shared home? The common law favours the imposition of strict formality requirements on land transactions. If LP (MP) act 1989 s21 is not complied with there is no contract. Without a deed Legal estates and interests cannot be created or transferred under the LPA 1925 S52(1)2. Trusts of land can only be created by signed declarations in writing LPA 1925 s53(1)(b). The strictness of these requirements can sometimes ends in injustice, notably where relationships break down and the ownership of the property they share comes under scrutiny. This is outlined in the Discussion paper of shared homes. The decisions in some cases in this area of law has led...
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