Co-ownership.

Question 1

What is the definition of a ‘trust of land’? Where is this codified?

Answer 1

A trust of land is a trust of an estate of land. This is codified in TLATA 1996, s1.

Question 2

When does a trust of land arise?

Answer 2

It arises automatically when more than one person owns a freehold or a leasehold in land.

Question 3

Can minors own rights to land in law or equity?

Answer 3

Not in law, only equity.

Question 4

What are the forms of co-ownership?

Answer 4

1) joint tenancy.

2) tenancy in common.

Question 5

What are the requirements of a joint tenancy?

Answer 5

The 4 unities or PITT are the requirements.
Possession - same rights to possession.
Interest - same interest.
Title - same title.
Time - same time.

Question 6

Can a joint tenancy exist in law or in equity?

Answer 6

It can exist in both law and equity.

Question 7

Which one of the forms of co-ownership give the right of survivorship? What is the right of survivorship?

Answer 7

Joint tenancies. Right of survivorship is the rule that the land stays with whomever survives the longest.

Question 8

Which unities do you need for a tenancy-in-common to exist?

Answer 8

You need unity of possession and that’s it.

Question 9

Can a tenancy-in-common exist in law or in equity?

Answer 9

A tenancy-in-common can only exist in equity but not law.

Question 10

What does a severance do?

Answer 10

Turns a joint tenancy into a tenancy-in-common in equity.

Question 11

What percentage does each party get after a severance?

Answer 11

It depends on the agreement but if there’s no agreement then 50/50.

Question 12

Which case illustrates that land is always severed 50/50 when there’s no agreement?

Answer 12

Goodman v Gallant.

Question 13

What are the two situation in which a joint-tenancy is presumed when their is no express declaration as to so? Which case illustrates one of these?

Answer 13

1) where all unities are present + no words of severance + equal contributions with no expression to the contrary.
2) where property is conveyed into both names of cohabiting family/couple + it is a domestic setting (they’re using it as a home) + no express declaration otherwise. The latter is illustrated in Stack v Dowden.

Question 14

What are the 5 situations in which a tenancy-in-common is presumed when their is no express declaration as to so? Name the cases that illustrate 2 of these.

Answer 14

1) when one of the unities is missing.
2) words of severance expressed.
3) On construction of deed, it was clear that a tenancy-in-common was intended.
4) purchase money provided in unequal shares (Lake v Gibson).
5) Property acquired by business partners (Malayan Credit v Jack Chia).

Question 15

What is the formality of a DECLARED trust in land? Where is this codified?

Answer 15

It must be in writing. This is codified in LPA s53(1)(b).

Question 16

What is the method that a joint owner wishing to sever must take? There’s 2. Where is this codified?

Answer 16

1) give other joint tenants a notice in writing, or
2) do one of a) operating upon own share; b) mutual agreement with other joint tenants; c) through course of dealing; manslaughter; murder.
Codified in LPA 1925, s36(2).

Question 17

For severance what are the requirements for the notice in writing to be valid?

Answer 17

1) served on all other joint tenants and
2) no specific form required and
3) statement of unequivocal intention to sever.

Question 18

For co-owner v co-owner in disputes of land how does the court settle the question of each person’s interest? Answer under where they are codified

Answer 18

TLATA 1996.
s14(1) - if you’re a trustee of land..
s14(2) the court may do what it sees fit relating to (a) exercise of trustees in any of their functions, or (b) declaring the nature of a person’s interest.

Question 19

For co-owner v B’s creditor disputes of land, how does the court settle the question of who gets the interest? Answer under where they are codified.

Answer 19

TLATA 1996 s15(1) states that relevant matters that courts consider when exercising s14 are: s14(a) - intentions of the creators of the trust; 14(b) - the purposes the land subject to trust is held; 14(c) - welfare of any minor who 1) occupies, or is 2) expected to occupy any land subject to the trust; 14(d) interest of a secured creditor of any beneficiary of the trust of land.

Question 20

For co-owner v co-owner’s trustee in bankruptcy explain the details of what happens. Answer under where they are codified.

Answer 20

Insolvency Act 1986, s 335A.

(1) - T can apply for order of sale under s14 TLATA 1996.
(2) - court must do this taking account of 1) interests of bankrupt’s creditors, and 2) needs of spouse/civil partner (former/current) and children.
(3) - after 1 year bankrupt’s creditors outweigh all other considerations (except for exceptional circumstances).

Question 21

This case illustrates something that the court might find exceptional for the purposes of co-owner v co-owner’s trustee in bankruptcy. What is it? How long is the extention?

Answer 21

Grant v Baker - medical v or mental condition of one of joint tenants is exceptional which gives tenant 12 extra months to relocate.