LAW OF PROPERTY

LAW OF PROPERTY

LAW OF PROPERTY

The right of ownership is the right to use, enjoy and dispose of a thing, to be the absolute master and exclusive in the conditions laid down by law. The property also means the property subject to this law. This property may be real estate or chattel.

Various disciplines (e.g. law, the economy, the anthropology and sociology) discuss the concept more systematically, but definitions vary within and between these disciplines. Specialists in the social sciences frequently conceive of property as a bundle of rights. They stress that property is not a relationship between persons and property, but a relationship between persons in respect of property. In any event, there is consensus that being whether or not the owner of property value significantly (housing, land or other means of production, etc..) is an essential social discrimination: an individual is in an economic situation all the more comfortable he has more property, the proletariat (people who cannot sell their labor power) is the most difficult situation.

1. In 1991, Harry purchased a small house for his son and daughter-in-law, Ivor and Jane, as a wedding present. The purchase price was £12,000 and title to the house was put in Harry's name. He paid a deposit of £500 and borrowed the rest of the money from a wealthy friend. Harry was fond of his daughter-in-law and thought her a sensible woman and so he told her that the house was hers and Ivor's if they paid off the loan. On the first day of every month Jane visited her father-in-law and paid an instalment. In 2006, Jane and Ivor split up and Ivor left to live elsewhere. Jane carried on paying the installments on the loan. In 2009 Harry became ill and died. Jane has continued to pay the installments to the friend direct. Under Harry's will, all his property passes to his widow, Helena. There is £1,000 still owing on the loan. Helena, as executrix of and sole beneficiary under the will, has applied for a possession order against Jane. Advise Jane.

Advice for Jane

First of all Jane should have had the deed written down by her father in Law so she could claim the right of ownership of the house. However, since she had been paying the installments to the friend of Harry directly, he must have known the implied conditions. Therefore he is a witness of the verbal trust developed between Harry and Jane. Jane can bring up the case of Constructive trust under the property law.

CONSTRUCTIVE TRUST

A believe to which the court affirms or enforces on the participants very exact attenuating components for example those that give increase to an activity for unjust enrichment, and notwithstanding the unwillingness of the settler to affirm the believe (contrast with articulate trusts and trusts Resulting .)



Gift by Will or Intestacy Based upon Broken Promise

If a house proprietor is induced to make an unconditional gift to the defendant by will due to reliance on an oral ...