Co-ownership Flashcards
Murray v Hall
In a JT each all the parties are classed as a single entity
Scale v Scarle
The law presumes that the oldest died first if it is unclear which JT dies first
4 unities
Possession
Time
Interest
Title
Goodman v Gallant
Express declaration in deed conclusive that the parties are JT
How a TinC is different to a JT
Each tenant owns a distinct share
No right to survivorship
The deed uses severance expressing words
What are severance expressing words (Payne v Webb)
“In equal shares”
Features of a T in C
Only possession (no other unities present
Each person owns a beneficial share
The share reflects their equitable interest
No requirement of purchase at same time
What states that a legal title can only be held as a JT
S.1(6) LPA
Can you sever a legal JT
No (s.36 (2) LPA
How many trustees can there be
Max 4 s.34(2) trustee act
Why is a beneficial interest important
Provides for equitable ownership
Enables a degree of control
Can be registered to protect from third parties (registered land)
Protection by doctrine of notice (Tizzard)
How to acquire beneficial interest
Add to the house after purchase (Stack v Dowden/ Jones and Kernott)
Would depend on facts
What does TOLATA do in this remit?
- Settles disputes by stating rights
- Provides protection to purchasers
- Appointment and removal of trustees
- ‘Trust of land’ defined as any trust involving land
Where disposition requires consent of 2 trustees, any are sufficient
S.10 TOLATA
How TOLATA settles disputes
- S.14(1)- anyone with an interest can be petition for an order of sale.
- s.15- courts look at intention at creation, purpose of trust, welfare of a minor and interest of creditors when making an order
Bernard v Josephs
Courts can make a sale order as it sees fit
Edward’s
Sale postponed due to young children
Amari lifestyle
Order postponed as sale would not meet debt
S.335A Insolvency act
Bankruptcy severs the beneficial JT
Interest of creditors main concern
Dean v Stout
Presumption there will be a sale after bankruptcy
Re Holliday
Needs of mother and children placed before creditors in bankruptcy case
S.36(2) LPA
A JT may make a notice in writing to sever an equitable JT
Re 88 Berkeley Road
Registered post sufficient even if not received
Lunch v Bullard
Do not need to see letter for it to be valid
Neocleus v Reed
Now an email would be sufficient
3 methods of common law severance (Williams v Hensman)
- Act of JT operating on his own share (requires a disposition)
- severance by mutual agreement
- severance by course of dealings (mutual conduct)
Burgess v Rawnsley
Oral contact enough to sever by mutual agreement
Severance by homicide
Not allowed to gain from survivorship (unless exception cases such as Re K)
Element of overreaching s.2(1)(ii)LPA
Conveyance executed by trustees
Interests capable of being overreached
Payment to at least 2 trustees (s.27(2) LPA)
Effects of s.27
Equitable interests removed and split equally
Purchaser take land free from beneficial interest
Objects of overreaching
Protects beneficiary with 2 trustees
Simplifies conveyance
Purchaser free from interests
S.14 allows the beneficiary to apply to the court so their consent is needed before the sale
Effects of sale to a single trustee
Borland- no overreaching
Effect of sale by 2 trustees
Fleet- overreaching takes place as mortgage is paid to two trustees. Even if harsh.
Tizard (unregistered land)
No overreaching
