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28 Cards in this Set
- Front
- Back
A Joint Tenancy cannot exist without the four unities (PITT)
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AG Securities v Vaughan
Possession Intrest Time Title |
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Statutory Severance
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LPA 1925 36(2)
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Statutory Severance: must show clear intention to sever immediately not in the future
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Harris v Goddard - Divorce petition
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Statutory Severance: no need to mention severance specifically just show an intention to act on shares
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Re Drapers Conveyance - wife swears that she wants it "distributed equally"
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Statutory Severance: if sent by registered post no need to be received
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Re 88 Berkeley Road - not returned undelivered
two old ladies |
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Statutory Severance: notice left at last known UK abode/business is valid
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Kinch v Bullard
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Statutory Severance: Revocation may be effective if communicated "before notice was given"
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Kinch v Bullard - but only a tentative view
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Common Law Severance
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Williams v Hensman
1. Acting on own share 2. Mutual Agreement 3. A course of dealing |
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Common Law Severance
Acting on own share: Mortgaging |
First National Securities v Hegarty
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Common Law Severance
Acting on own share: Fraudulent dealing |
Ahmed v Kendrick - sold out from under wife
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Common Law Severance
Mutual agreement: no need to be written |
Burgess v Rawnsley - offer 750 then 1000
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Common Law Severance
Mutual agreement: must be fixed beyond agreement in principle |
Snell & Gore v Carpenter
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Common Law Severance
Mutual agreement: Inconclusive negoaitions will not sever |
Harris v Goddard
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Common Law Severance
Mutual Agreement: must be between all the parties |
Wright v Gibbons (Aust.)
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Common Law Severance: A course of dealing
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Burgess v Rawnsley
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Applications for sale: Applying for a sale
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Trust of Land Appointment of Trustees Act 1996 s. 14
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Principles to order a sale
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Trusts of Land Appointment of Trustees Act 1996 s. 15
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No sale if disabled
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First National Bank v Achampang
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No sale if purpose of trust is sustained
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Re Ever's Trust - house child near school
cf. Jones v Challenger - separated couple cf. Harris v Harris - deed says to house father & son as long as both shall live |
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Postpone to buy each other out
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Ali v Hussien
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Require to pay rent to each other
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Denis v Macdonald
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Bankruptcy: will sever
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Re Dennis
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Ordering a sale for bankrupt
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Insolvency Act 1986
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Illness can postpone a bankrupt sale
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Re Ravel
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To be postponed need to be beyond normal "melancholy consequences"
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Re Citro - wife can't afford to buy elsewhere, children need local school
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Children may be exceptional but only to postpone
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Re Holiday - disabled and ill child
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Terminal illness is exceptional
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Re Bremner - bankrupt dying of cancer
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Resident Child is disabled
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Re Bailey
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