Co-ownership Flashcards
Joint tenancy requirements
PITT - possession, interest, title, time
In the absence of any contrary statements, the legal owners will e the equitable owners
Roy v Roy
If the conveyance contains statements declaring the equitable owners, this is conclusive
Goodman v gallant
If held by one legal owner, another can obtain an interest in equity
Bull v bull
Legal owner can deliberately generate an interest in the land for another by means of an express trust
S. 53(1)
Purchase resulting trust, contribution to mortgage repayment can constitute getting an equitable interest in the land
Laskar v laskar
Most likely to include contributions to the running of the household
Stack v dowden
Common intention constructive trust - relied upon by the claimant to their detriment
Lloyd bank v rossett
Can include contributions to payment
Rossett
Courts will look at the entire relationship
Stack v dowden
Detrimental reliance - wouldn’t have acted in this way had it not been for the assurance - evidence of detriment assumes reliance
Greasley v cooke
In terms of common intention, if the assurance is clear as to the extent of the size and interest, then this is conclusive
Clough
If assurance is not clear, then the courts will consider all the circumstances and intentions
Oxley
