Land Law Co-Ownership

Front 1

Joint Tenancy

Back 1

-co-owners hold the property as one single owner.
-Each owner has the potential to claim a separate share in equity only
-there is a right of survivorship

Front 2

AG Securities v Vaughan

Back 2

Joint tenancy requires 4 unities
-time
-title
-interest
-possession

Front 3

Tenants in common

Back 3

co owners hold a distinct individual share that often reflects initial contributions.
-requires only unity of possession

Front 4

ss34,30 LPA 1925

Back 4

pre 1997 a trust of sale was imposed on co owners

Front 5

TOLATA 1996

Back 5

post 1996 trusts of land are now imposed on co-owners

Front 6

s34 TA 1925

Back 6

the first four names on the legal conveyance are the legal owners

Front 7

s11(1) TOLATA

Back 7

t's have a duty to consult all B's before exercising functions as trustees

Front 8

s1(6) LPA 1925

Back 8

legal title can only be held as Joint Tenants

Front 9

Pink v Lawrence

Back 9

where all four unities are present, an express declaration as to how the equitable title will be held will prevail

Front 10

Re Pavlou

Back 10

a Pink v Lawrence declaration will be conclusive as to the size of the interests held

bankruptcy will sever a joint tenancy

where a co owner is declared bankrupt, his beneficial interest will rest in the trustee in bankruptcy

Front 11

Cowcher

Back 11

if there is no declaration, equity will follow the law and assume it is a joint tenancy-must be four unities

Front 12

Payne v Webb

Back 12

words of severance such as 'in equal shares' will rebut that presumption

Front 13

Bull v Bull

Back 13

unequal contributions to the purchase price may amount to a rebuttal of JT

Front 14

Lake v Craddock

Back 14

land purchased for a commercial enterprise will rebut the presumption

Front 15

Re Fullers

Back 15

right of survivorship is inappropriate in a commercial enterprise

Front 16

Martin v Martin

Back 16

where contradictions exist, it will likely be a tenancy in common

Front 17

Re Carnes

Back 17

severance must take place inter vivos

Front 18

Williams v Hensman

Back 18

JT can be severed by written notice, act operating on your share, mutual agreement, mutual conduct and homicide

Front 19

Re Drapers

Back 19

written notice need not be signed nor state that it is a s36 severance

Front 20

Harris v Goddard

Back 20

notice must convey an unequivocal and irrevocable intention to sever his interest

Front 21

Nielsen Jones

Back 21

notice must be served on all other Joint Tenants

a mere agreement to sell the property is ineffective as severance

Front 22

s196(4) LPA 1925

Back 22

severance by registered post will be effective

Front 23

Kinch v Bullard

Back 23

where he uses normal post he would have to prove that the notice actually arrived

Front 24

Re 88 Berkley Road

Back 24

severance need not be read to be effective

Front 25

Brown v Raindle

Back 25

total alienation-severing tenant sells or disposes of his beneficial interest-must comply with s53(1)(c) LPA 1925

Front 26

Hegarty

Back 26

partial alienation is where the severing tenant mortgages or leases his beneficial interest

Front 27

Wright v Gibbons

Back 27

severance by mutual agreement must be between all beneficial interests, can be oral or in writing

Front 28

Burgess

Back 28

severance need not be in a specifically enforceable contract

solid negotiations between joint tenants in relation to each other shares in the property may sever the agreement

Front 29

Gore & Snell

Back 29

mutual agreement must be fixed and non changing

Front 30

Mcdonald

Back 30

common intention to sever can be implied

Front 31

Greenfield

Back 31

co owned property was severed by mutual conduct-physically partitioning the property

Front 32

Re Wilford Estate

Back 32

execution of mutual wills directing where each JT's share should go will effect severance

Front 33

Cleaver

Back 33

t1 murdering t2 will sever the JT

Front 34

Pre TOLATA trusts for sale co owners in dispute

Back 34

s30 LPA 1925-courts were predisposed in favour of a sale

Front 35

S14 TOLATA

Back 35

a party can make a request to settle disputes, using s15 criteria

Front 36

Achampang

Back 36

s15 is non exhaustive, court can bear in mind other factors

Front 37

Re Buchanans Wollastons

Back 37

where the purpose for which property was purchased can still be fulfilled the court may be inclined not to order a sale

Front 38

Challenger

Back 38

a home for the couple-purpose is dead upon breaking down of the relationship, court may order a sale

Front 39

Re Evers

Back 39

Challenger is not applicable where there are minors to sustain/protect

Front 40

Trusts of land

Back 40

T's have a power, not a duty to sell

Front 41

Jackson

Back 41

court can order a sale

Front 42

Ali

Back 42

court can order a sale but postpone it

Front 43

Mayes

Back 43

court can refuse an order of sale

Front 44

Dennis

Back 44

court can refuse a sale but order occupying co owner to pay rent to a non occupier