Co-Ownership Flashcards
The four unities
Unity of possession;
unity of interest;
unity of title;
unity of time.
Features of a joint tenancy
Right of survivorship; and
‘four unities’.
lus Accrescendi
Right of survivorship
Co-ownership reforms in law
s34 LPA
Beneficial joint tenancy
A group of tenants that own an estate for their own enjoyment.
s36 LPA 1925
Joint tenants
Jones v Kernott
When a couple contribute the funds to purchase a home, regardless of what proportion each person contributes, it shall be assumed they intended to create a trust for joint tenancy.
A constructive trust
where a party has continued to make contributions after the estate has been purchased.
Two possible routes that may lead to the creation of a constructive trust
- Express agreement and in relying on the agreement act ti their detriment or altered their position;
- Implied agreement through intention or conduct.