co ownership Flashcards
when can you get co ownership
when two people buy property as joitn owners
presumption for narried couples
where property developpmenet is created there are often certain parts of the makdeveloment which will be coowned.
what is a pro indivisio share
that means a certsin proportion of the property is owned by each of the common owners
camicheal v simpson
POSSESSION a tenant storing a nbath chari in a stairwell was not entitled to use the bath chair for this purpose because a stairwell is used for access not for storage . thus while possession may not be limited the use for common property the use is ORDINARY. the rule is excessive benefit at expense of others.
RAFIQUE v AMIN
repairs/ alterations. involved an attempt to make aslterations and repairs to a flat that constituted common property. however, any repairs or alterations are subject to 2 rules
de minims rule so minor unanimity is not required,
OR necessity
Barkley v scott
repairs/ alterations
the attachment to the brass plate to a gate owned in common ownership was held not to require the unanimous consent of allco-propriotors
elrick v procurator fiscal
cannot vandalise property co owned
baileys exs v upper crathes fishing ltd
terimination of co-ownership.. mutual compatability and goodwill.
if no agreement:
division and salethat can be granted by the court
physical division
sale of property then receive the share
third possibility is resting upon uncertain authority one prop can seek an order requiring the other porp to transfer the share to the other.
JOINT OWNERSHIP
two forms
trust property OR
PROPERTY OF UNINCORPASSOCIATION
difference between joint and co
iss joint no identifiable shares
only joint owner as long as memenber of association
trust there can be joint ownership of movable and heritable
where as in unincorp associasioin only joint ownership of movable as trustees will own the heritable
