{"id":75,"date":"2025-04-03T03:12:38","date_gmt":"2025-04-03T03:12:38","guid":{"rendered":"https:\/\/presentation.writer4change.com\/?p=75"},"modified":"2025-04-08T10:05:21","modified_gmt":"2025-04-08T10:05:21","slug":"property-law","status":"publish","type":"post","link":"https:\/\/presentation.writer4change.com\/index.php\/2025\/04\/03\/property-law\/","title":{"rendered":"Property Law"},"content":{"rendered":"\n

Property includes legal rights to assets. However, the ownership allows others to have rights to for example exclude others from a property they own. They can also transfer their assets through buying and selling. This can be used to determine a beneficial owner in property disputes where it is between the legal owner and a second party claiming equitable interests.<\/p>\n\n\n\n

What is a resulting trust?<\/strong><\/p>\n\n\n\n

A resulting trust presumes the beneficial interest of both parties in a land dispute in proportion to their financial contributions. Each individual is assumed to have wanted a financial gain to arise from their own contributions of cash.
<\/p>\n\n\n\n

\"\"<\/figure>\n\n\n\n

In the case of Stack v Dowden [2007], it can be seen it is decided that Mr Stack is awarded 35% of proceeds and Ms Dowden 65%. This is due to the level of their financial contributions paid towards the house. Unlike the case of Kernott v Jones [2010], where the house was bought under both parties\u2019 names however, Mr jones left the property 8 years into living there and made no financial contribution after, leaving Ms jones to do and pay for everything including the mortgage. All contributing factors resulted in 90% of proceeds going to Ms Jones and 10% going to Mr Jones.<\/p>\n\n\n\n

<\/p>\n\n\n\n

\"\"<\/figure>\n","protected":false},"excerpt":{"rendered":"

Property includes legal rights to assets. However, the ownership allows others to have rights to for example exclude others from a property they own. They can also transfer their assets through buying and selling. This can be used to determine a beneficial owner in property disputes where it is between the legal owner and a […]<\/p>\n","protected":false},"author":1,"featured_media":148,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":["post-75","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-law"],"_links":{"self":[{"href":"https:\/\/presentation.writer4change.com\/index.php\/wp-json\/wp\/v2\/posts\/75","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/presentation.writer4change.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/presentation.writer4change.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/presentation.writer4change.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/presentation.writer4change.com\/index.php\/wp-json\/wp\/v2\/comments?post=75"}],"version-history":[{"count":11,"href":"https:\/\/presentation.writer4change.com\/index.php\/wp-json\/wp\/v2\/posts\/75\/revisions"}],"predecessor-version":[{"id":338,"href":"https:\/\/presentation.writer4change.com\/index.php\/wp-json\/wp\/v2\/posts\/75\/revisions\/338"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/presentation.writer4change.com\/index.php\/wp-json\/wp\/v2\/media\/148"}],"wp:attachment":[{"href":"https:\/\/presentation.writer4change.com\/index.php\/wp-json\/wp\/v2\/media?parent=75"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/presentation.writer4change.com\/index.php\/wp-json\/wp\/v2\/categories?post=75"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/presentation.writer4change.com\/index.php\/wp-json\/wp\/v2\/tags?post=75"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}