Chapter 7- Co-ownership Of Land

Question 1

What is a concurrent interest?

Answer 1

More than one person is entitled to possession of land

Question 2

What case law supports that an automatic trust of land occurs with co-ownership of land

Answer 2

S36 LPA 1925 and

Trusts of land and appointment of trustees act 1996 (TLATA)

Question 3

What is the difference between trustees and beneficiaries

Answer 3

Trustees have right to deal with land

Beneficiaries have entitlement to equity (sale proceeds) and trustees may need to see beneficiaries permission to sell.

Question 4

What are the two types of co-ownership

Answer 4

Joint tenancy

tenancy in common

Question 5

What are the differences between joint tenancy and tenancy in common

Answer 5

Joint tenancy - both Ian whole property

Tenancy in common - own notional share in property

Question 6

What is the restriction on trustees under S1(6) LPA to own the land

Answer 6

They can only own the land as joint tenants.

Question 7

What is the survivorship rule under DOCTRINE OF SURVIVORSHIP

Answer 7

Joint tenant - property passes to deceased surviving tenant

Tenant in common- property passes to deceased will.

Question 8

What is the criteria called for joint tenancies to exist

Answer 8

Four unities

Question 9

What are the four Unities

Answer 9

Possession -each tenant entitled to possession of whole land

Interest - both must hold same interest (FH/LH etc)

Time- must arise same time

Title - must gain title from same document

Question 10

What is the minimum number of trustees a land must have to prevent overreaching

Answer 10

2

Question 11

In overreaching if the surviving trustee is also a beneficiary what occurs?

Answer 11

Coownership of property ends on death of co-trustee

Question 12

What is overreaching governed by

Answer 12

S2 LPA 1925

Question 13

What may occur if a buyer purchases land with only one trustee

Answer 13

They may purchase the land subject to beneficiaries interest

Question 14

What is the limit to joint tenants on legal estate

Answer 14

4

Question 15

Is there a limit to beneficiaries on legal estate?

Answer 15

No

Question 16

Where do tenancies in common tend to exist

Answer 16

In equity of the land

Question 17

What is the unity that applies to tenancy in common?

Answer 17

Unity in possession

means that all joint tenants have a common right to possess and enjoy the property

Question 18

What is memorandum of severance

Answer 18

Claim over certain interest in property (paid £80k (60% value of property etc)

Question 19

How would co owners preserve their interest under tenants in common

Answer 19

Memorandum of severance on conveyance for unregistered property

Or restriction on register for registered land

Question 20

What is severance

Answer 20

Method where beneficial joint tenant converted into tenancy in common (jack owns 1/4)

Question 21

When can a joint tenant sever his joint tenancy

Answer 21

Any time before his death

Question 22

What happens when a joint tenant severs to be a tenant in common

Answer 22

Their property share is divided into equal between equitable interests

(4 beneficiaries, therefore owns 1/4)

Question 23

How can severance be executed

Answer 23

By notice in writing and have intention to sever immediately s36(2) LPA

Question 24

How must a notice to sever be effective

Answer 24

Served on all the joint tenants (effective on service regardless is joint tenant reads it)

Question 25

Which case laws supports severance by notice

Answer 25

Harris v Goddard 1983

(Court held although notice served in respect of s36(2) they had no intention to immediately sever)

Kinch v Bullard 1998

Wife intercepted service of severance upon finding out he was dying. Court held service was effective and sale proceeds went to beneficiaries