Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
19 Cards in this Set
- Front
- Back
|
Legal title is always held as a joint tenancy |
s.1(6) LPA 1925
|
|
|
A maximum of 4 people may hold the legal estate jointly |
s.34(2) LPA 1925 |
|
|
Cannot dispose of legal joint tenancies in will, joint tenancies will run on survivorship |
Gould v Kemp |
|
|
Transfer document is conclusive |
Goodman v Gallant |
|
|
If there are words of severance in transfer document, then will be tenancy in common |
Robertson v Fraser |
|
|
Presume a tenancy in common where the buyers each contributed different amounts to the purchase price |
Lake v Gibson |
|
|
Severance of legal title is prohibited |
s.36(2) LPA 1925 |
|
|
To be effective, any severance notice must comply with... |
s.36(2) LPA |
|
|
Severance doesn't need to be signed |
Re Drapers Conveyance |
|
|
Must show intention to sever immediately, and not at some later date |
Harris v Goddard |
|
|
Notice is left at the last known abode/ place of business of person to be served |
s.196(3) LPA 1925 |
|
|
If delivered here, notice will be effective even if addressee does not actually 'receive' the notice |
Kinch v Bullard |
|
|
Notice is sent by registered post to person to be served |
s.196(4) LPA 1925 |
|
|
Effective notice even if not actually 'received', provided letter is not sent back undelivered |
Re 88 Berkeley Road |
|
|
Any severance by alienation must be in compliance with... (in signed writing) |
s.53(1)(c) LPA 1925 |
|
|
Oral agreement is sufficient to show the common intention necessary to sever a joint tenancy |
Burgess v Rawnsley |
|
|
A course of dealings: where parties act in a way that suggests they intend the shares to be held as a tenancy in common, eg where bought for business |
Morley v Bird |
|
|
Homicide |
Re K |
|
|
Trustees must have regard to rights of beneficiaries |
s.6(5) |
