Co-ownership Flashcards
concurrent interest
refers to a situation where 2 or more people have an interest in the same bit of land
- joint tenancy
- tenancy in common
successive interest
refers to a situation where interests are succeeding each other
joint tenancy
each of the co-owners has the same rights to the property
four unities
- possession
- interest
- title
- time
the right of survivorship
when one of the joint tenants dies, the other joint tenants take the dead person’s share automatically
tenancy in common
a shared tenancy in which each holder has a distinct, separately transferable interest
maximum number of co-owners
4
severance
situation where a joint tenancy becomes a tenancy in common
methods to sever a joint tenancy
- notice of writing (s36(2) LPA)
- act operating on a share
- mutual agreement
- course of dealing
Harris v Goddard 1983
f: a service of divorce petition which contained prayer to ask the court to make such decision as is equitable, the husband shortly after died, and the husband’s estate claimed that the joint tenancy had been severed such that it had not become fully vested in the wife
j: the prayer could not sever the tenancy, it was too vague, plus it should evince a desire to sever immediately, and the notice said that it would sever at the future time
j: severing joint tenancy
Kinch v Bullard 1998
f: H and W were getting divorced, H was terminally ill, W sent him a letter stating her intention to sever, it was delivered but before seeing it H suffered a heart attack, W realised she is likely to outlive him so she destroyed the letter
j: posting the notice held to be sufficient by CoA, despite its destruction, maybe if she changed her mind before it was delivered it would make a difference
p: severing joint tenancy
Williams v Hensman 1861
f: -
j: methods in equity to sever a beneficial joint tenancy established:
- an act operating on a share
- mutual agreement
- course of dealing
p: as above!
Gnore and Snell v Carpenter 1990
f: people negotiating a divorce settlement for years
j: not to constitute as course of dealing as what’s required here is that he parties have dealt with their interests in the property on the basis that they have shares, there were negotiations but no mutuality
p: equitable severance by course of dealing
Burges v Rawnsley 1975
f: one of the joint tenants wanted to buy the other one out, they were negotiating, and then the other one died
j: mutual agreement to sever plus severing by a course of dealing as they were negotiating
p: severance by agreement and course of dealing
