5 co-ownership

Question 1

Unmarried couple bought a house. woman contributed more than 50% of PP. Legal title in joint names - no dec of how trust was made. HoL held JT - starting point to assume a beneficial JT but woman contributed more here

Answer 1

Stack v Dowden

Question 2

1 of 5 beneficiaries under a trust with an instruction for the prop to be sold after death of the settlor, and the proceeds divided. B had been living in prop during testator’s lifetime. Held: property should be sold - trust clearly indicated a wish for immediate sale

Answer 2

Barclay v Barclay

Question 3

Test:

equity follows the law. if all four unities, presumption that equity follows the law

Answer 3

Joint tenancy - Stack v Dowden

Question 4

Absence of all four unities

Answer 4

Tenancy in Common -only need possession

Question 5

Use of words shares and severance is used

Answer 5

Tenancy in Common - Barclay v Barclay

Question 6

unequal contribution to purchase price

Answer 6

Tenancy in common

Question 7

implied trust

Answer 7

IMMEDIATELY INTO TENANCY IN COMMON

Question 8

Resulting trust - must contribute to the purchase price - contribution to cost of repair was not enough

Answer 8

Bank of India v Mody

Question 9

resulting trust - intention to create co-ownership needed

Answer 9

Stack v Dowden

Question 10

Constructive trust - decorating the house will not suffice. Wife helped renovate the property and HoL refused to find that a constructive trust had arisen

Answer 10

Lloyd Bank v Rosset

Question 11

Four unities - JOINT TENANCY

Answer 11

Possession
interest
time
title

Question 12

two people owned field in tenancy in common. he cut the hay and sued by the other for trespass. failed because cutting hay is legitimate act of ownership

Answer 12

Jacobs v Seward - POSSESSION - four unities

Question 13

father died and flat the son was staying in went to step mum. CoA decide whether co-owner could charge other person. No

Answer 13

Jones v Jones

Question 14

HoL held that two JT derived their title from the same doc - even if 2 pieces of paper

Answer 14

Antoniades v Villers

Question 15

court not prepared to enter restriction requiring consent of beneficiaries just before sale because it will destroy the concept of overreaching

Answer 15

Coleman v Byrant

Question 16

Trustee in bankruptcy - where there are exceptional circs the court will take those into account - not a wife and children here

Answer 16

Re Citro - powerful authority

Question 17

Trustee in Bankruptcy - children and spouses conditions were taken as exceptional circs

Answer 17

Re Halliday

Question 18

An application for sale by the trustee in bankruptcy more than one year after the bankruptcy was granted

Answer 18

Harrington v Bennet

Question 19

Needs to show desire to sever immediately - must be communicated with other JT.
Wife wanted to sever. Husband died. H children sought court to rule it had been severed whilst wife wanted JT to remain (right of survivorship). held : had been severed

Answer 19

Re Drapers Conveyance - CONTRAST WITH Harris v Goddard - not been severed

Question 20

Parties agreed to treat their rights as a tenancy in common and so JT had been severed

Answer 20

Williams v Hensman

Question 21

other ways of severance

Answer 21

1. a person acting on own share - only where 3rd party becomes entitled to JT share - eg mortgagee but must be in writing or right of survivorship takes over
2. mutual agreement - 2 or more JT agree to terminate -Burgess v Rawnsley
3. Homicide
4. Bankruptcy

Question 22

s14 - property is needed for matrimonial home

Answer 22

Jones v Challenger

Question 23

s14 - needed to provide accommodation for the lives of co-owners

Answer 23

Harris v Harris

Question 24

s14 - home needed for family home for children of broken down marriage

Answer 24

Williams v Williams

Question 25

s14 - whther the property is needed to continue a business for which the land was purchased

Answer 25

Bedson v Bedson

Question 26

S14 - where the person seeking a sale may be estopped from obtaining an order for sale by their conduct - relied upon detriment by other co-owners

Answer 26

Re Buchanan - Wollaston’s conveyance

Question 27

s14 whether there has been any misconduct by the person applying for the sale

Answer 27

Halifax Mortgage services v Muirhead

Question 28

s14 the general circumstances of beneficiaries of a trust eg age health

Answer 28

Edwards v RBS

Question 29

s14 general desire not to keep a creditor out of its money

Answer 29

Bank of Ireland v Bell