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20 Cards in this Set
- Front
- Back
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Co-owning gives rise to a statutory trust
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LPA, s36
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Legal title always joint tenancy
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LPA, s1(6)
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An express statement as to tenancy is conclusive, given 4 unities
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Goodman v Gallant
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No severance of legal title
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LPA, s36(2)
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Future intention to sever equitable interest is not acceptable
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Harris v Goddard
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Severance of tenancy in equity can go to last known abode
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LPA, s196(3)
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Severance of tenancy in equity can go by registered post
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LPA, s196(4)
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Severance of tenancy left at last known abode is effective regardless of receipt
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Kinch v Bullard
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Severance of tenancy by registered post is effective regardless of receipt
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Re 88 Berkeley Road
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Severance of equitable joint tenancy by alienation requires signed writing
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LPA, s53(1)(c)
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Oral agreement sufficient to sever equitable joint tenancy by mutual agreement
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Burgess v Rawnsley
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TLATA, s6(1)
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Trustees of land have all the power of absolute owner
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TLATA, s6(5)
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Trustees of land must have regard to the rights of Bennies
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TLATA, s11(1)
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Trustees of land must consult Bennies and gives effect to majority wishes
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TLATA, s14
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In disputes, eithertrustees or beneficiaries can apply to court for a decision
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TLATA, s15
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In deciding, courts will have regard to wheter the purpose of the trust is still relevant and the welfare of any minors
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TLATA, s12
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Bennies may occupy land at any time as long as the purposeof the trust is to make it available and there is land in the trust
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TLATA, s13
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Trustees may impose reasonable conditions on Bennies exercising their right to occupy
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Where an equitable interest under a trust is protected by a right under Sch 3 para 2, ie AO, it is promoted to an overriding interest
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Williams & Glyn's Bank v Boland
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Where a trust interest goes overriding by Sch 3 para 2, it has to be overreached
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City of London Building Society v Flegg
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