Co-Ownership

Question 1

The four unities

Answer 1

Possession
Interest
Title
Time

Question 2

The right of survivorship

Answer 2

Where there is a joint tenancy the right of survivorship applied meaning on the death of one joint tenant their interest will vest in the remaining joint tenants

Question 3

Exceptions to the right of survivorship

Answer 3

If all joint tenants die together the youngest is presumed to die last
A joint tenant who kills another joint tenant cannot take the equity

Question 4

Re K [1986]

Answer 4

A wife accidentally killed her husband whilst threatening him with a shot gun. The wife did not take by survivorship

Question 5

Co-Ownership at law

Answer 5

Under ss1(6) and 34(1) Law of Property Act 1925 at law you can only have a joint tenancy.
This makes a sale easier.
A maximum of 4 people can hold the property as joint tenants at law
Severance can only occur in equity

Question 6

Presumption of how property is held

Answer 6

If all 4 unities are satisfied and there is no express declaration and all parties contributed equally then joint tenancy is presumed
If there is unequal shares and it’s not the family him and there is not a personal relationship between the parties then tenancy in common is presumed in shares proportionate to the sims paid

Question 7

Severance of joint tenancy

Answer 7

Severance must be given by written notice either by hand delivery or posted and can be sent to the last know address.
Destruction of the four unities
Mutual agreement

Question 8

Kinch v Bullard [1998]

Answer 8

The home was owned by husband and wife as joint tenants. Following a divorce the wife sent by post severance the husband fell ill and went to hospital and the wife destroyed the letter the husband died and severance was effected

Question 9

Destruction of the four unities

Answer 9

Sale
Contract to sell
Fraudulent sale
Mortgage
Merger
Homicide
Bankruptcy

Question 10

Termination of co-ownership

Answer 10

Sale
Partition
Union in a sole owner

Question 11

Partition

Answer 11

Physical division of a property and destroys unity of possession

Question 12

The Law of Property (joint tenants) Act 1964

Answer 12

In unregistered land there may be no way to see if there was a severance. LP(JT)A 1964 provides the survivor of two or more joint tenants be deemed to be solely and beneficially interested.

Question 13

Exceptions to Law of Property (Joint Tenants) Act 1964

Answer 13

A memorandum of severance has been endorsed or annexes to the conveyance
The land is registered
There is a bankruptcy order or petition against any of the joint tenants

Question 14

Resulting trust one person on the title

Answer 14

Arises where the legal estate is in the name of one or more persons but the purchase money was provided by someone who was not on the legal title

Question 15

Bull v Bull [1955]

Answer 15

A mother contributed to the purchase price of the house in her sons sole name. There was a disagreement and the mother was granted a share based on her contribution

Question 16

Re Sharpe [1980]

Answer 16

Any presumption that a trust arises can be rebutted by showing that the contribution was a loan or a gift

Question 17

Advancement

Answer 17

A historical concept where men were seen as providers for women. The property was purchased by the husband and put into the name of the wife and this was seen as a gift and the presumption of trust was rebutted

Question 18

Wood v Watkin [2019]

Answer 18

The view that the presumption of advancement should be restricted to minor children was rejected
The presumption was not further limited to children who were financially dependent on their parents
The courts also rejected that submission that the presumption of advancement was very weak in modern times
S199 Equality Act 2010 will abolish advancement

Question 19

Extent of beneficial interest in resulting trust

Answer 19

In a resulting trust the parties will take their percentage share based on what they contributed to the purchase price and mortgage payments

Question 20

Express agreement constructive trust

Answer 20

There must have been an express agreement or express common intention that the property is to be shared beneficially

Question 21

Eves v Eves [1975]

Answer 21

An unmarried couple where the man told the women if she had been 21 then the house would have been put in joint names

Question 22

Grant v Edwards [1986]

Answer 22

The couple were not married and the man told the women she was not on the title so it did not prejudice her matrimonial proceedings

Question 23

Implied agreement constructive trust

Answer 23

The court may be prepared to infer a common intention from the conduct of the parties. The non legal owner must then show detriment in reliance on the intention

Question 24

Gissing v Gissing [1971]

Answer 24

The House of Lords held that indirect financial contributions by a wife over 25 years did not show this common intention. Her contributions took the form of general household contributions

Question 25

Thomas v Fuller-Brown [1988]

Answer 25

A house was purchased solely in the woman’s name and paid for by her. The man living with her did not contribute to the household expenses but when the woman obtained a home improvement grant it was agreed that he would do the work in return for his keep. When the relationship broke down the man sought a declaration of trust. No intention was inferred

Question 26

Stack v Dowden [2007]

Answer 26

There were 2 parties on the legal title. The issue was of quantification. There was no express declaration of trust. The House of Lords held that there was a presumption of joint tenancy. Ms Dowden proved a contrary intention in that she had contributed far more to the purchase price and the finances of the couple were kept strictly separate. She was awarded a 65% share of the property

Question 27

Jones v Kernott [2011]

Answer 27

A couple purchased a house with no express declaration of trust. In 1993 Mr Kernott moved out and stopped contributing to the mortgage. The presumption is a 50:50 split unless
The parties intended a different share
Later in the relationship they formed a common intention that the shares would change.
Mrs Jones was awarded a share of 90%

Question 28

Resulting Trusts were 2 people are on the title

Answer 28

Where two people purchase a let to buy and contributed unequally and there is no express declaration of trust the presumption is tenants in common with shares as to the proportion contributed

Question 29

Laskar v Laskar [2008]

Answer 29

A property had been bought by mother and daughter in unequal contributions to rent out. The court used the resulting trust principles rather than the presumption joint tenancy

Question 30

Protection of interest in unregistered land

Answer 30

Constructive and resulting trusts are not registrable as land charges so they will need to be protected by overreaching

Question 31

Protection of the interest in registered land

Answer 31

It must be protected by entry on the register.