Joint Tenancy

Question 0

Section 34(2) , Law of Property Act 1925

Answer 0

Where land is conveyed to co-owners who are of full age they:

must be joint tenants

cannot be more than four.

Question 1

Four unities of joint tenancy

Answer 1

Time: the interests of all must vest at the same time.

Title: all must derive their title from the same document.

Interest: all must have the same interest.

Possession: all must be equally entitled to possession of the whole land.

Question 2

Section 3(4) , Administration of Estates Act 1925

Answer 2

Severance cannot be effected by will.

Question 3

Section 36(2) , Law of Property Act 1925 A joint tenant may give notice of intention to sever to all other joint tenants.

Answer 3

A joint tenant may give notice of intention to sever to all other joint tenants.

Question 4

Section 6 , Trusts of Land and Appointment of Trustees Act 1996

Answer 4

Confers two specific powers on trustees:

(a) to purchase land by way of investment for the occupation of any beneficiary or for any other reason;
(b) to transfer the land to the beneficiaries when they are all of full age and capacity even though they have not requested this.

Question 5

Section 8(1) , Trusts of Land and Appointment of Trustees Act 1996

Answer 5

Allows the settlor to exclude all or any of the provisions of section 6 .

Question 6

Section 9 , Trusts of Land and Appointment of Trustees Act 1996

Answer 6

This provides that the trustees may, by power of attorney, delegate any of their functions relating to land to a beneficiary of full age and capacity who is entitled to an interest in possession in land.

Any delegation must be unanimous and, therefore, only one trustee can revoke it as this destroys unanimity.

If trustees refuse to delegate, an application may be made to the court under section 14 by a beneficiary for an order that a delegation should be made.

Any delegate beneficiary has the same duties as an actual trustee.

Question 7

Section 11(1) , Trusts of Land and Appointment of Trustees Act 1996

Answer 7

Trustees must ‘so far as practicable’ consult the beneficiaries of full age who are beneficially entitled to an interest in possession in the land and ‘so far as is consistent with the general interest of the trust’ to give effect to those wishes or, in cases of dispute, the wishes of the majority, according to the value of their combined interests.

Question 8

Section 12 , Trusts of Land and Appointment of Trustees Act 1996

Answer 8

This gives a right of occupation to beneficiaries who are entitled to an interest in possession in the land, provided that the trust so allows, but no right of occupation arises if the land is either unavailable or unsuitable for occupation by the beneficiary in question.

Question 9

Section 14 , Trusts of Land and Appointment of Trustees Act 1996

Answer 9

Allows any person interested in the trust to apply to the court for an order, which could, e.g., be for a sale (see below), or authorising what would otherwise be a breach of trust.

Any person interested’:
trustees, beneficiaries, remaindermen and secured creditors of beneficiaries.

Question 10

Bank of Ireland Home Mortgages Ltd v Bell [2001]

Answer 10

Home owned jointly by husband (H) and wife (W)
Wife had only a 10 per cent beneficial interest.
H forged W’s signature on a mortgage and then left W.
She remained in house with son for 10 years after.
Bank sought possession, W in poor health.
Held: Sale of home ordered.
Point of consideration: ‘whether the creditor (Bank) is receiving proper recompense for being kept out of his money’.

Question 11

Bank of Baroda v Dhillon 1998

Answer 11

A bank applied for an order for sale of the matrimonial home.
Held: Sale ordered.
Wife had overriding interest, but the children were all grown up and the proceeds of sale afforded adequate alternative accommodation.