Co-ownership

Question 1

Joint tenancy [JT]

Answer 1

• Bruton v Camden LBC = co-owners are entitled to the whole property, there are no shares
• JT can exist in law and equity
• JT have no distinct shares/rights that they can act on
• tenants cannot deal with their shares independently = ‘one single owner’ Hammersmith and Fulham LBC v Monk [per Lord Browne-Wilkinson]
• survivorship upon death

Question 2

4 unities

Answer 2

1. unity of possession = possess the entire estate - s.12 TLATA = the right to occupy
2. unity of interest
3. unity of title = co-owners must derive their title from the same legally effective act
4. unity of time
   = TC only require unity of possession but can have all 4
   = JTs require all 4 = AG securities

Question 3

Tenancy in Common [TC]

Answer 3

• only eists in equity
• the legla title would be in JT and teh beneficial interest in TC
• ‘undivided shares’ in the land
• shares can be equal or unequal
• they can deal with their shares in their lifetime
• no doctrine of surviorship upon death
• shares can be passed by way of will or intestacy

Question 4

co-ownership in law

Answer 4

• JT only = s.1(6)LPA 1925
• cannot create an estate with undivided shares = s.34(1)LPA1925
• no more than 4 co-owners at law = s.34(2)LPA1925
• TC in law not possible = s.36(2)LPA 1925
  + this makes it easier in conveyancing as there is only one owner
  vs. at the expense of flexibility as equity has to step in to correct this

Question 5

co-ownership in equity

Answer 5

• JT or TC
• always through a trust
• there is no limit on co-owners

Question 6

factors when determining co-ownership in equity

Answer 6

• express trust? [if so, this is conclusive unless fraud, mistake, or undue influence = Goodman v Gallant which was approved in Stack v Dowden]
• declaration through words or land registry TR1 form, but not complusory - if express decalration no room for resulting trusts
• 4 unities?
• no declaration, presumption is that equity follows the law so JT, but equity prefers TC
• can be rebutted = Stack v Dowden paragraph 69 factors
• rebutted by severance, unequal contributions [not enough though], and business realtionships

Question 7

Severance

Answer 7

JT –> TC
- only possible in equity [s.36(2)LPA1925]
- it is irreversible
- no survivorship as a TC [Harris v Goddard]
Methods:
- written notice = served immediately to all tenants [s.196 LPA 1925]
- Williams v Hensman methods = acting on their share, mutual agreement, mutual course of conduct

Question 8

W v H methods

Answer 8

Williams v Hensman methods of severance =
- acting on their share
= charge would only take place on the share odf teh tenants who severs [First National Security v Hegarty]
+ cna be via involuntary acts, such as insolvency [Re Palmer]
- mutual agreement [applied in Burgess v Rawsley]
- mutual course of conduct

Question 9

Terminating Co-ownership

Answer 9

1. Union of property in one tenant
2. unity of possession is lost = partition + trustees powers under s.7 TLATA [only for TC]