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Living in a policy state : from trust for sale to trust of land.

Fox O'Mahony, L (2000) 'Living in a policy state : from trust for sale to trust of land.' Liverpool Law Review, 22 (1). 59 - 88. ISSN 0144-932X

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Abstract

The Trusts of Land and Appointment of Trustees Act 1996 has transformed the nature of co-ownership interests in land. The trust for sale, which governed dealings in co-owned property under the Law of Property Act 1925, and which made sale the presumptive object of co-ownership, has been replaced by a trust of land, under which co-owners retain an interest in the land itself, rather than its capital value. This article considers the likely impact of this legislative policy departure, particularly in relation to the court's willingness to grant an order for the sale of co-owned property on application by a creditor, and against the wishes of anon-debtor co-owner occupier.

Item Type: Article
Uncontrolled Keywords: Co-ownership, Creditors, Insolvency, Judicial discretion.
Subjects: K Law > K Law (General)
Divisions: Faculty of Humanities > Law, School of
Depositing User: Jim Jamieson
Date Deposited: 30 Aug 2013 11:13
Last Modified: 17 Aug 2017 17:58
URI: http://repository.essex.ac.uk/id/eprint/7487

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