Monday 16 February 2009 at 1300

Property Law Discussion Group
Can basic land law, trusts and restitution principles solve the problem of shared ownership?

Speaker: Professor Susan Bright and Mr Nicholas Hopkins

Venue: New College Red Room

P bought a shared ownership house on a part buy/part rent basis. Her share was 50%, bought in 1995 for £29,500. She was granted a 99 year lease. In 2005, the house was valued at £151,000. The rent fell into arrears; the landlord/housing association bought a successful possession action. She then sought her share back (and share of uplift). She lost (although the housing association voluntarily repaid her initial capital). She lost: possession of her home, the increase in value on her share, and - but for the housing association's voluntary action - would have lost her initial capital. The challenge: how can the law be used to give her a right to recover a share in the increased value of the property, or even a right to return of her initial share?

For more information please contact: Michael Ashdown


Interested in this subject? View our Land Law page.


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