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(p. 109) 5. Joint Ownership of Land 

(p. 109) 5. Joint Ownership of Land
(p. 109) 5. Joint Ownership of Land

Elizabeth Cooke

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date: 07 July 2020

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter looks at the wider issues involved in the joint ownership of land. It looks at four broad categories of joint ownership. Case one is the joint purchase, where ownership rights are concurrent and all or some of the beneficiaries are also the trustees. Case two is co-ownership claimed or discovered, or perhaps agreed, when the relationship between the joint owners has broken down. Case three is the deliberate settlement or ‘express trust’ — express because it must be set up expressly, deliberately, by a written declaration of trust. Case four is joint ownership set up by will or by the rules of intestacy, on a temporary basis for the sake of passing property along.

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