CO-OWNERSHIP

Question 1

what is the main real right in property law?

Answer 1

OWNERSHIP

Question 2

how many titles can there be in scots law?

Answer 2

there can only ever be one title

Question 3

how many titles are there if 2 people co-own a house?

Answer 3

THERE can only be ever one title.

Question 4

is co-ownership a subordinate right to ownership?

Answer 4

no it is the same as ownership

Question 5

what types of ownership can you get?

Answer 5

you can get either common ownership or joint ownership

Question 6

what can one common owner do with their share?

Answer 6

they can dispose of this share or burden the share with someone else so another person can take my shares and live in the house with my housemate. they cannot sell the whole flat and cannot create a servitude without the others permission. everyone has a right to 100% of the property. may only make ordinary use of it. charmichael v simpson
no one may obtain excessive benefit from it.

Question 7

what is joint ownership?

Answer 7

where there are no shares to a property but everyone has ownership of the property. cannot claim back things once you have given up your joint ownership as they were never shares. expands and contracts so that to allow for people to leave and join.

Question 8

which case showed the clarity of joint ownership?

Answer 8

Banff magistrates v Ruthlin castle.

George joseph bell showed clarity to the whole situation

Question 9

what is the problem if i want a room painted pink in common ownership?
what if they disagree?

Answer 9

i need to get the approval from the other common owners as any changes made they can have a say in it. this is seen in Bells principles page 1072 also seen in clidesdale bank v Davidson.
if they disagree then this is final as they have the power of veto. also they can leave and sell their share so do not need to stay in common ownership.

Question 10

what case law shows silence is consent?

Answer 10

shaw v black

Question 11

case that shows the law does not care about little points

Answer 11

Barkley v scott

Question 12

necessary things needed done as an exception?

Answer 12

Deans v woolfson

Question 13

what are the options if a dispute arrises?

Answer 13

you can have a judicial factor where the court takes control of the property.
you can have division and sale. where you cut something up and sell it then the money is divided.
you can sell your shares and then other people can enjoy what you had like in common ownership. Menzies v Macdonald.
however courts would rather sell something than split it.