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28 Cards in this Set

  • Front
  • Back
A Joint Tenancy cannot exist without the four unities (PITT)
AG Securities v Vaughan
Possession
Intrest
Time
Title
Statutory Severance
LPA 1925 36(2)
Statutory Severance: must show clear intention to sever immediately not in the future
Harris v Goddard - Divorce petition
Statutory Severance: no need to mention severance specifically just show an intention to act on shares
Re Drapers Conveyance - wife swears that she wants it "distributed equally"
Statutory Severance: if sent by registered post no need to be received
Re 88 Berkeley Road - not returned undelivered

two old ladies
Statutory Severance: notice left at last known UK abode/business is valid
Kinch v Bullard
Statutory Severance: Revocation may be effective if communicated "before notice was given"
Kinch v Bullard - but only a tentative view
Common Law Severance
Williams v Hensman
1. Acting on own share
2. Mutual Agreement
3. A course of dealing
Common Law Severance
Acting on own share: Mortgaging
First National Securities v Hegarty
Common Law Severance
Acting on own share: Fraudulent dealing
Ahmed v Kendrick - sold out from under wife
Common Law Severance
Mutual agreement: no need to be written
Burgess v Rawnsley - offer 750 then 1000
Common Law Severance
Mutual agreement: must be fixed beyond agreement in principle
Snell & Gore v Carpenter
Common Law Severance
Mutual agreement: Inconclusive negoaitions will not sever
Harris v Goddard
Common Law Severance
Mutual Agreement: must be between all the parties
Wright v Gibbons (Aust.)
Common Law Severance: A course of dealing
Burgess v Rawnsley
Applications for sale: Applying for a sale
Trust of Land Appointment of Trustees Act 1996 s. 14
Principles to order a sale
Trusts of Land Appointment of Trustees Act 1996 s. 15
No sale if disabled
First National Bank v Achampang
No sale if purpose of trust is sustained
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
Postpone to buy each other out
Ali v Hussien
Require to pay rent to each other
Denis v Macdonald
Bankruptcy: will sever
Re Dennis
Ordering a sale for bankrupt
Insolvency Act 1986
Illness can postpone a bankrupt sale
Re Ravel
To be postponed need to be beyond normal "melancholy consequences"
Re Citro - wife can't afford to buy elsewhere, children need local school
Children may be exceptional but only to postpone
Re Holiday - disabled and ill child
Terminal illness is exceptional
Re Bremner - bankrupt dying of cancer
Resident Child is disabled
Re Bailey