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7 Cards in this Set
- Front
- Back
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Intro |
Parties hold the same interest in land concurrently. This is common especially in the case of residential property. The co-owners are simultaneously entitled to possession of the entire property. One co-owner may not exclude any other from any particular part of the property. |
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Joint Tenancy |
Favoured by common law - 4 unities and right of survivorship (just accrescendi). -Survivorship; where 1 j.t dies, their undivided share passes on to the other j.t. The last to survive will be the outright owner of the land, and he may dispose of it. S32 LCLRA a company may hold land in j.t, and dissolution will trigger the right of survivorship. Commorientes - if 2 dies simultaneously and unsure as to who died 1st. The heirs will succeed as j.ts as per Bradshaw v Toulmin and s5 LCLRA. -4 Unities; Possession (Lahiffe v Hecker one couldn't manage the keys), Interest, Title (Maher v Maher derived from the same instument) and Time. |
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Tenancy in Common |
Preferred by Equity. The only unity is that of possession and co-owners are said to hold the land in undivided shares. Over time, tenancy in common became very fragmented in ownership. |
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Words of Severance |
Jury v Jury "in equal shares" Mill v Mill "share and share alike" Crozier v Crozier "between" Fleming v Fleming "respectively" |
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Equity |
Leans towards t.i.c and courts will often hold that although it is held in j.t at common law, it is held on trust. Equity governs the beneficial use and enjoyment of the land. The following will be held to be j.t @ law and t.i.c @ equity; -purchase money paid in unequal shares; but can be rebutted or found otherwise O'Connell v Harrison 2 sisters bought shares equally, but other documentation held for t.i.c -mortgage loans; interest as t.i.c regardless of purchase money -partnership property; Reilly v Walsh 2 brothers in business, 1 insane, left shares to a 3rd P, found to be j.t |
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Common Law |
Part 7 of the LCLRA found for severance where; -acquisition of a further interest (if granted at time then ok) Flynn v Flynn life interests to A,B & C with fee simple to Z. If A acquires Z's fee simple, then further interest and severence. As per s30 of LCLRA, further interest is void unless consent of j.ts. -alientation; must be made intervivos and not part of a wil. No severance if they all join in the alienation, as per Byrne v Byrne. -mutual agreement/course of dealing; Wilson v Bell -act of a 3rd P under statutory powers; i.e judgment mortgage. Containercare v Wycherly severance and interests transferred to creditor. In Irwin v Deasy this could not be enforced by way of sale if the land was registered to 2 people. -unlawful killing; s120 Schobelt v Barber held 1/2 on constructive trust for other party's estate. Crawley v Lillis 1/2 held on constructive trust |
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Determination |
A j.t or t.i.c can be brought to an end via partition or union in a sole tenant. -Partition; done volutarily by coowners and mustb e done by deed (previously voluntary). S31 of the LCLRA confers statutory jurisdiction to make a wide range of orders -Union in a Sole Tenant; can occur by a buy-out |
