Co-Ownership Structure Flashcards
Identification of the Legal and Equitable Estate Cases?
Legal
Equitable
- Stack v Dowden (Equity follows the law: JT)
- Goodman v Gallant (Express declaration of trust override Stack)
- Lake v Gibson (Unequal Contributions: Equity prefers TC)
- Bull v Bull (Unequal Contributions: Equity Prefers TC)(Unless expressly stated otherwise)
- Bathurst v Scarborough (Business Partners: Equity Prefers TC)
Trust
Resulting Trust
- Lake v Gibson (Unequal contributions: Resulting Trust)
- Bull v Bull (Unequal Contributions: Resulting Trust)
Constructive Trust
- Lloyds Bank v Rosset ( 2 ways for constructive trust to arise)
- Stack v Dowden
- Jones v Kernott
Severance Cases?
Effect of Severance
- Goodman Gallant (Severs in Equal shares)
s. 36(2)
- Kinch v Bullard (revocation possible if communicated before delivery)
- Goodwin v Eldridge (Notice deemed served unless returned undelivered)
- Re Drapers (Courts can imply severance from the document)
- Harris v Goddard (Intention to sever must be obvious)
- Quigley v Masterson (no need to co-owners to agree or personally know about it)
Common Law
William v Hensman (3 common law methods of severance)
Act on ones own share
- Ahmed (Alienated your own share will sever it)
- Hegerty (Act of Alienation will sever)
- Walsh v Lonsdale (Act on own share requires valid contract under s.2 LP(MP)A 1989
- Gould v Kemp (Cannot sever by Will)
Mutual Agreement
- Burgess Rawnsley (Oral agreement satisfactory)
Course of Dealing/Conduct
- Neilson Jones v Fedden (Narrow) (Facts were neutral about ownershpi
- Smith v Davis (Expansive) (Evidence of dealings suggested intention to sever)
- Greenfield v Greenfield (Narrow) (Physically divided house, still need evidence of intention to sever)
- Gore & Snell v Carpenter (Narrow) (Discussing severance not enough to sever)
Unlawful killing
- Re K (JT severs upon Death)
- Dunbar v Plant (Court can modify rule if justice requires: s.2(2) Forfeiture Act)
TOLATA Cases/Sections?
Pre- TOLATA Occupation
- Bull v Bull (Unequal shares: Equity prefers TC)
- Boland
- Flegg
S. 15
Intention
- Re Buchanan-Wollaston Conveyance (Intention can be expressly agreed)
Purpose
- Bedson v Bedson (Purpose can be mixed)
- Achampong (Purpose can change over time)
- Jones v Challenger (Divorce will change the purpose of a property (no longer matrimonial)
Welfare v Minors
- Rawlings v Rawlings (indicated that children do not matter because they are not co-owners)
- Achampong (Can be grandchildren/ must show house child is adversly affected)
- Bank of Ireland v Bell (Weighting of child depends on how close they are to 18)
- Edwards v Lloyds Bank (Postponement possible if harm to children)
Secured Creditors
- — Bank of Ireland v Bell (Creditors interest are ‘powerful consideration’ (Gibson LJ))
- — Edwards v Lloyds Bank (Postponement possible if harm to child and no prejudice to creditor)
- — Mortgage Corp. v Shaire (Co-owner can take over mortgage if it does not prejudice M’gee)
Bankruptcy Cases?
- Charalamabous (Exceptional Circumstances: Severe medical issues, house adapted)
- Re Raval (Exceptional circumstances: mental illness)
- Re Citro (homelessness is not exceptional)
- Barca Mears (Schooling for children is not exceptional)
Purpose Cases?
- Bedson v Bedson (Can have multiple purposes)
- Achampong (Purpose can change over time)
- Jones v Challenger (Divorce will change the purpose of a matrimonial home)
Intention Cases?
Re Buchanan- Wollaston Conveyance (Intention capable of being expressed)
Welfare of Minors Cases?
- Edwards v Lloyds (postponement possible if harm to children)
- Achampong (grandchildren ok, need to show how child adversly affected)
- Rawlings v Rawlings (indicated that children do not matter because they are not co-owners)
- Bank of Ireland v Bell (Weighting of important depends of child’s age)
Secured Creditors Cases?
- Bank of Ireland v Bell (Secured Creditors ‘powerful consideration (Gibson LJ)
- Edwards v Lloyds Bank (postponement possible if harm to child and creditor is not prejudiced)
- Mortgage Corp. v Shaire (Co-owner allowed to take over mortgage if no prejudice to M’gee)
s. 36(2) Cases?
- Severance
- Goodwin v Eldridge ( Notice deemed served unless returned undelivered)
- Re Draper’s Conveyance (Court can imply severance from document)
- Harris v Goddard (notice must clearly illustrate intention to sever)
- Kinch v Bullard (Revocation possible if communicated before served (obiter)
- Quigley v Masterson (co-owners need not agree with or personally know about the notice)
Act on One’s own share cases?
- Ahmed (act of alienation/fraud will sever)
- Hegerty (act of alienation will sever)
- Walsh v Lonsdale (valid contract required for severance s.2 LP(MP)A 1989
- Gould v Kemp (Cannot sever by Will)
Mutual Agreement Cases?
- Burgess v Rawnsley (oral agreement suffices to sever)
Course of Dealing/Conduct cases?
- Neilson Jones v Fedden (Narrow) (Facts were neutral about ownership)
- Smith v Davis (Expansive) (Evidence of dealings suggested intention to sever)
- Greenfield v Greenfield (Narrow) (Physically divided house, still need evidence of intention to sever)
- Gore & Snell v Carpenter (Narrow) (Discussing severance not enough to sever)
Narrow = Lord Pennycuick's view Expansive= Lord Denning's view
Unlawful Killing Cases?
- Re K (Severs upon death)
- Dunbar v Plant (Court can modify rule if justice requires: s.2(2) Forfeiture Act)
Creation of Equitable title Cases?
Equitable
- Stack v Dowden (Equity follows the law: JT)
- Goodman v Gallant (Express declaration of trust override Stack)
- Punkkhania (
- Lake v Gibson (Unequal Contributions: Equity prefers TC)
- Bull v Bull (Unequal Contributions: Equity Prefers TC)(Unless expressly stated otherwise)
- Bathurst v Scarborough (Business Partners: Equity Prefers TC)
Creation of Trust cases?
Trust
Trust
Resulting Trust
- Lake v Gibson (Unequal contributions: Resulting Trust)
- Bull v Bull (Unequal Contributions: Resulting Trust)
Constructive Trust
- Lloyds Bank v Rosset ( 2 ways for constructive trust to arise)
- Stack v Dowden
- Jones v Kernott ?
