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;
44 Cards in this Set
- Front
- Back
Joint Tenancy |
-co-owners hold the property as one single owner. |
|
AG Securities v Vaughan |
Joint tenancy requires 4 unities |
|
Tenants in common |
co owners hold a distinct individual share that often reflects initial contributions. |
|
ss34,30 LPA 1925 |
pre 1997 a trust of sale was imposed on co owners |
|
TOLATA 1996 |
post 1996 trusts of land are now imposed on co-owners |
|
s34 TA 1925 |
the first four names on the legal conveyance are the legal owners |
|
s11(1) TOLATA |
t's have a duty to consult all B's before exercising functions as trustees |
|
s1(6) LPA 1925 |
legal title can only be held as Joint Tenants |
|
Pink v Lawrence |
where all four unities are present, an express declaration as to how the equitable title will be held will prevail |
|
Re Pavlou |
a Pink v Lawrence declaration will be conclusive as to the size of the interests held |
|
Cowcher |
if there is no declaration, equity will follow the law and assume it is a joint tenancy-must be four unities |
|
Payne v Webb |
words of severance such as 'in equal shares' will rebut that presumption |
|
Bull v Bull |
unequal contributions to the purchase price may amount to a rebuttal of JT |
|
Lake v Craddock |
land purchased for a commercial enterprise will rebut the presumption |
|
Re Fullers |
right of survivorship is inappropriate in a commercial enterprise |
|
Martin v Martin |
where contradictions exist, it will likely be a tenancy in common |
|
Re Carnes |
severance must take place inter vivos |
|
Williams v Hensman |
JT can be severed by written notice, act operating on your share, mutual agreement, mutual conduct and homicide |
|
Re Drapers |
written notice need not be signed nor state that it is a s36 severance |
|
Harris v Goddard |
notice must convey an unequivocal and irrevocable intention to sever his interest |
|
Nielsen Jones |
notice must be served on all other Joint Tenants |
|
s196(4) LPA 1925 |
severance by registered post will be effective |
|
Kinch v Bullard |
where he uses normal post he would have to prove that the notice actually arrived |
|
Re 88 Berkley Road |
severance need not be read to be effective |
|
Brown v Raindle |
total alienation-severing tenant sells or disposes of his beneficial interest-must comply with s53(1)(c) LPA 1925 |
|
Hegarty |
partial alienation is where the severing tenant mortgages or leases his beneficial interest |
|
Wright v Gibbons |
severance by mutual agreement must be between all beneficial interests, can be oral or in writing |
|
Burgess |
severance need not be in a specifically enforceable contract |
|
Gore & Snell |
mutual agreement must be fixed and non changing |
|
Mcdonald |
common intention to sever can be implied |
|
Greenfield |
co owned property was severed by mutual conduct-physically partitioning the property |
|
Re Wilford Estate |
execution of mutual wills directing where each JT's share should go will effect severance |
|
Cleaver |
t1 murdering t2 will sever the JT |
|
Pre TOLATA trusts for sale co owners in dispute |
s30 LPA 1925-courts were predisposed in favour of a sale |
|
S14 TOLATA |
a party can make a request to settle disputes, using s15 criteria |
|
Achampang |
s15 is non exhaustive, court can bear in mind other factors |
|
Re Buchanans Wollastons |
where the purpose for which property was purchased can still be fulfilled the court may be inclined not to order a sale |
|
Challenger |
a home for the couple-purpose is dead upon breaking down of the relationship, court may order a sale |
|
Re Evers |
Challenger is not applicable where there are minors to sustain/protect |
|
Trusts of land |
T's have a power, not a duty to sell |
|
Jackson |
court can order a sale |
|
Ali |
court can order a sale but postpone it |
|
Mayes |
court can refuse an order of sale |
|
Dennis |
court can refuse a sale but order occupying co owner to pay rent to a non occupier |