Co-ownership

Question 1

How is legal title held on a jointly owned property

Answer 1

ALWAYS as joint tenants S1(6) LPA 1925

Question 2

What is the maximum trustees allowed for an estate in land

Answer 2

Four - S34(2) LPA 1925 AND S34(2) Trustees Act 1925

Question 3

What are trhe requirements of a joint equitable tenancy

Answer 3

4 unities (possession, interest, title, time) AND no words of severance

Question 4

A case where there were no words of severance

Answer 4

Re Gorman “entitled to the land for their own benefit”

Question 5

Wording insufficient to assume severance but also insufficient to be an express joint tenancy

Answer 5

Huntingford v Hobbs “each party can give a valid receipt”

Question 6

What form of tenancy does equity presume

Answer 6

Tenancy in common

Question 7

What are the requirements for an equitable tenancy in common

Answer 7

Just unity of possession (rest may or may not be there). Look to the intention of the parties

Question 8

What is the statutory method for severance and where is it found

Answer 8

S36 LPA 1925 - notice in writing

Question 9

Three things about the effect of written severance

Answer 9

Can be unilateral, has immediate effect, must be served to ALL other tenants

Question 10

Authority that the postal rule does no apply for severance

Answer 10

S196(4) LPA 1925

Question 11

Example of severance being effective even though the addressee did not receive it

Answer 11

Re 88 Berkeley Road - lady hid letter - delivery is “deemed” (unmarried housemates)

Question 12

Example of severance being effective even though the sender was a nasty piece of work

Answer 12

Kinch v Bullard (wife destroyed letter - heart attack)

Question 13

What counts as “such other acts and things” under S36 LPA 1925

Answer 13

Murder, bankruptcy

Question 14

Three methods of severance in Williams v Hensman

Answer 14

1. Acting on his own share. 2. Mutual agreement. 3. Course of conduct

Question 15

What’s the requirement of acting on your own share

Answer 15

Must be final and irrevocable in character

Question 16

Acting on your own share includes acting fraudulently

Answer 16

Bankers Trust v Namdar

Question 17

Oral agreement identifying share was sufficient to sever

Answer 17

Burgess v Rawnsley

Scripture rally lovers

Question 18

Starting litigation is sufficient to sever if it basically amounts to notice in writing BUT won’t sever on its own

Answer 18

Harris v Goddard (divorce petition - “such order as may be just”

Question 19

Look to the intention of the parties re whether severance was intended

Answer 19

Greenfield v Greenfield (dividing house into flats not severance)

Question 20

Examples of mutual agreement to sever

Answer 20

On the evidence: Burgess v Rawnsley, Hunter v Babbage

Question 21

Putting a jointly owned business premises (which you also live in) on the partnership assets list is not sufficient course of conduct for severance

Answer 21

Intention must be clear on both sides - Barton v Morris

Question 22

Agreement to sell the house did not evince an agreement to sever

Answer 22

Neilsen-Jones v Fedden

Question 23

Summons + affadavit stating share sufficient to sever

Answer 23

Draper’s conveyance

Question 24

7 year absence from home and divorce proceedings insufficient course of conduct for severance

Answer 24

McDowell v Hirschfiled

Question 25

Moving out and naming mistress rather than wife in will insufficient course of conduct top sever

Answer 25

Gore v Snell