Co Ownership

Question 1

Tenancy in common

Answer 1

Collectively all tenants in common own the whole of the property. But every tenant may have his undivided share. Unity of possession.

Question 2

Four unities

Answer 2

Unity of time
Unity of interest
Unity of title
Unity of interest

Question 3

Joint tenancy

Answer 3

4 unities, no share of the property. Survivorsip.

Question 4

Survivorship

Answer 4

When a joint tenant dies, the surviving joint tenant takes over the whole property. There is no sucession, there is no need for formality. It is autoomatic and instantaneous and death. Law of taxation doent follow the land law. Surviving joint tenant s are therefore not immune from inheritance tax liabilitties. A joint tenant cannot leave anything in a will. Nobody can suceed theWhen parties do not like the potential consequenes of survivorship. They would choose to adopt tenancy in common instead.

Question 5

Consider joint tenant and tenancy in common

Answer 5

1st step is four unities. If there are 4 unities, the law will presume a joint tenancy. However, to conclude that it is joint tenancy. Words of severance will indicate tenancy in common. If the deed is silent, or ambigous common law prefers joint tenancy.

Question 6

Serverance

Answer 6

Is the process where a joint tenancy is converted into a tenancy in common. A joint tenant can serve a notice in writing on all other. The notice does not have to be in any specific form, or to contain any specific wording. So long as the intentiion is clear… The notice does not have to be read or understood by the recipent.

Question 7

Kinch v Bullard [1999] 1 WLR 423

Answer 7

A wife facing imminent death decided o serve the joint tenancy with her husband and do something with her share. She posted the notice. But then the husband had a heart attack and was hospitalised in critical condition. Estimating, correctly, that the husband would die before her, she intercepted her own notice on delivery of the post and destroyed it. The court held that serverance was effective on the sending of the notice. Serverance cannnot be undone or withdrawn.

Question 8

Williams v Hensman

Answer 8

Circumstances which severance arises

(1) acting upon one’s own share: the S starts to act if he has individual share
(2) mutual agreement
(3) course of dealing, mutual conduct

Question 9

Burgess

Answer 9

Lord Denning reject the idea that negotiation was seen as mutual agreement or course of dealing.

Question 10

S.1(6) LPA 1925

Answer 10

Legal title cannot be held by an infant.

Question 11

S.34 LPA 1925

Answer 11

Limit the numer of trustees (legal owners) in land to four

Question 12

S.1(6), s.34 and s.36 LPA 1925

Answer 12

Collectivey makes sure that the legal title to land can only be held in joint tenancy.

Question 13

S1(1) LPA 1925

Answer 13

Recognises only 2 types of legal estate. Fee simple absolute in possession and term of a year absolute. Others can only exist in equity.

Question 14

S.12 TOLATA; s.11

Answer 14

Beneficiaries enjoy the right to occupy land. Trustees have a statutory obligation to consult beneficiaries of full age.

Question 15

S.14 TOLATA

Answer 15

A statutory mechanism for dispute resolution.

Question 16

S.2 and s.27 LPA 1925

Answer 16

Established the statutory mechanism for overreaching benefiiary’s interest in land.

Question 17

City of London Building Society v Flegg [1988] AC 54

Answer 17

Parents had their beneficial title of the house held on trust by thheir daughter and son-in-law. The trustees mortgaged the house without without the beneficiary’s knowledge. Trustees defaulted and their mortgagee anted repossession. They were successful because they paid money to trustees and any beneficial interests Mr and Mrs Fleeg deflected and transfered into money.

Question 18

Williams & Glyn’s Bank v Boland

Answer 18

Boland (the trustee) the husband mortagaged the house without the beneficiary’s (the wife) knowledge. Because Mrs Boland was in actual possession, her beneficial interest was binding on the bank despite not being entered on the register. The difference is that in Flegg there were two trustees.