Joint Ownership Of Land

Question 1

What is ‘the concept of common intention’?

Answer 1

What the court decides was intended presumed from the parties actions

I.e, Mrs bull presumed she would live at Mr Bulls property having made financial contribution

Or

Mrs hodgson didn’t intend to transfer her property to Mr Evans as took no money

Question 2

What is an ‘implied trust’?

Answer 2

Interest in property brought about by the actions of parties

Question 3

What is s ‘resulting trust’?

Answer 3

A trust that is said to arise as an expression of presumed intention of the parties

See - bull v bull 1955, hodgson vs marks 1971, Curley vs Parkes 2004, laskar vs laskar 2008, Pettitt vs Pettit 1970, Gissing vs Gissing 1971 and burns vs burns 1984

Question 4

What is a ‘constructive trust’?

Answer 4

The creation of a trust based upon an agreement or bargain of somekind

See - bannister vs bannister 1948, eves vs eves 1975, lloyds bank vs rosset 1991, stack vs Dowden 2007 and Jones vs kernott 2010

Question 5

What are the four unities of possession?

Answer 5

Possession, interest, time and title

Question 6

What are the four indications that on purchase the property is held as a tenancy in common rather than joint tenancy?

Answer 6

1. If one of the unities of possession is missing
2. There are words of severance within the conveyance
3. There were unequal contributions on the purchase
4. The property is purchased for business reasons

Question 7

What are the four means of severance of a joint tenancy?

Answer 7

1. By notice in writing
2. By ‘acting on ones share’
3. By mutual agreement
4. By mutual conduct

Question 8

What is ‘acting on ones share’?

Answer 8

A way of severing a joint tenancy

Examples include mortgaging a share, going bankrupt, selling a share to another party

Question 9

What is severance of joint tenancy by mutual conduct?

Answer 9

Examples include physically dividing the land

Making mutual wills

Also if you murder the person you hold the property with, the law will not allow you to benefit

Question 10

What was the effect of the Trusts of land and appointment of trustees act 1996?

Answer 10

Before the act there were three kinds of trusts (bare trusts, strict settlements and trusts for sale) after the act only trusts of land can be created

Also, all bare trusts and trusts of sale are now deemed trusts of land

Question 11

What is a bare trust?

Answer 11

Where the trustee or two trustees held land for one adult beneficiary absolutely

This means that the beneficiary took the whole interest and did not have to share it in succession or concurrently

Question 12

What is a settled land act settlement?

Answer 12

Also called ‘strict settlement’

Arise when a succession of interests or where land was held for a beneficiary who was a minor, and the trust was not to be expressed to be upon trust for sale

Question 13

What was a trust for sale?

Answer 13

Could be set up by a will or conveyance