Analysing the doctrine of survivorship in joint tenancies of people’s homes from a human rights perspective

Loveland, I. (2015). Analysing the doctrine of survivorship in joint tenancies of people’s homes from a human rights perspective. Conveyancer and Property Lawyer, 2015(1), pp. 47-60.

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Abstract

Reproduced with permission of THOMSON REUTERS (PROFESSIONAL) UK LIMITED.

Discusses, with reference to the facts of the Supreme Court ruling in Solihull MBC v Hickin, whether the doctrine of survivorship in joint tenancies is compatible with the claimant's right to respect for his home under the Human Rights Act 1998 Sch.1. Reviews the need for social realities to trump legal presumptions and whether key provisions of the Housing Act 1985 should be read as permitting succession only to those in occupation as secure tenants on the death of the other joint tenant.

Item Type: Article
Additional Information: This extract is taken from the author's original manuscript and has not been edited. The definitive, published, version of record is available here: login.westlaw.co.uk/
Uncontrolled Keywords: Joint tenancies; Possession claims; Right to respect for home; Secure tenancies; Succession; Survivorship
Subjects: K Law > KD England and Wales
Divisions: The City Law School
URI: http://openaccess.city.ac.uk/id/eprint/13795

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