Co-Ownership Flashcards
1
Q
Burgess v Rawnsley 1975
A
mutual intention of the tenants to sever their joint tenancy
2
Q
Cawley v Lillis 2011
A
exception to Right of Survivorship
homicide severs joint tenancy and the murderer does not inherit the property
3
Q
Jones v Jones 1977
A
equity will presume TIC where there is Unequal Contributions to the purchase price.
4
Q
s. 30 LCLRA 2009
A
you need the consent of the tenant to alienate the property (partition/sell)
5
Q
Containercare (Ireland) Ltd v Wycherley 1982
A
Pre- LCLRA = a judgment mortgage registered over the interest of one joint tenant, severs the joint tenancy.
6
Q
s.30(3) LCLRA 2009
A
Post - LCLRA = the joint tenancy wont sever, the judgment mortgage will extinguish once the debtor dies.
7
Q
4 Unities
A
- Possession
- lnterest
- Time
- Title
