Coownership And Trusts Of Land Flashcards
Tenancy in common
Where each part has a defined share
1) unity of possession
2) intention to creat TIC
Joint tenancy
Where each person owns the whole property
1) four unities
- possession : all equally entitled to possession of the whole land
- interest : all have the same interest
- title : derived from the same document
- time : vested at the same time
2) intention to create JT
- in equal shares is not JT, Payne v Webb
- to be divided between not JT, Peat v Chapman
3) survivorship
Severance of a JT - notice in writing
- consent or other JT not needed, Harris v Goddard
- notice must be served to other JT, s.196 LPA
- Re 88 Berkley road : although Y didn’t read it, notice was still regarded as served
- Kinch v Bullard : starting legal proceedings
Severance of JT - principle of _ case
Williams v Hensman can sever a JT in any of three ways
1) operating in his own share
- alienation whilst alive
- declaring intent to sever
- First National Bank plc v Achampong : mortgage of his interest
- Brown v Raindle : entering into a specifically enforceable contract for sale
2) mutual agreement between JTs
- Burgess v Rawnsley : R agreed to sell house to
3) course of deal demonstrates mutual treatment like a TIC
Severance of JT - killing co JT
No survivorship
Powers of trustees
- all the rights of an absolute owner, s.6
Purchase land
Partition
Convey land to beneficiaries
Restrict beneficiaries right to occupation
Rights of beneficiaries
Occupation, s.12
Power of the court
Application for order
Factors the court should take into account, s.15
- mortgage corporation v shaire : the interests of the creditor are no longer the most important factor
- bank of Ireland home mortgages v bell : however, the interests of the creditor are still a “powerful consideration”
- bank of baroda v dhillon : since the children were all grown up, the interest of the creditor outweighs the mothers overriding interest
