Land 7 - Co-Ownership

Question 1

When land is jointly owned, what is automatically imposed?

Answer 1

A trust of land

Question 2

What are the different ways of creating trusts in land?

Answer 2

1. Express:
   - evidenced in writing
   - signed by declarants
2. Implied:
   - resulting (where property is bought in A’s name but B made financial contribution) or
   - constructive (where unconscionable to deny interest)

Question 3

When is an express trust of land necessary?

Answer 3

• A trust is deliberately created, during lifetime or by will
• Land is gifted to a minor
• Land is bought by more than 1 person in joint names

Question 4

What is a joint tenancy?

Answer 4

• All co-owners are deemed to constitute one single entitle
• All 4 unities are necessary

Question 5

What are the 4 unities of co-ownership?

Answer 5

• Title: all must acquire title from same document
• Time: interests must vest at the same time
• Interest: interest each has must be of same nature & duration
• Possession: no co-owner can be excluded from any part of the land

Question 6

What is a tenancy in common?

Answer 6

Tenants have ‘distinct but undivided share’
Requires only unity of possession

Question 7

What happens to the legal title where land is transferred to more than 4 people?

Answer 7

The first four names who are of sound age and mind will be legal title holders

Question 8

When is there a rebuttable presumption for a tenancy in common?

Answer 8

• Land is a business asset
  AND
• the purchase price was paid for in unequal shares

Question 9

What is survivorship?

Answer 9

• Applies in a joint tenancy, where one co-owner dies
• Notional interest of deceased accrues to surviving joint tenants
• Operates automatically

Question 10

Out of legal and equitable title, which can be severed and how made?

Answer 10

Equitable title:

• notice in writing
• mutual agreement
• mutual conduct
• unilateral act
• other things (deliberately vague)