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Land > Land - Co-ownership > Flashcards

Land - Co-ownership Flashcards

0
Q

Jones v Kennott

A

Domestic situations may change over time. Important to take into account intention and size of contributions. Resulting trusts not appropriate. Become TENANTS IN COMMON (severing with unequal shares is unanswered).

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1
Q

Stack v Dowden

A

Presumption of JOINT TENANTS in domestic situations .

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2
Q

Malaysian Credit Ltd v Jack Chia MPH Ltd

A

Presumption of TENANTS IN COMMON in commercial contexts.

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3
Q

Lake v Gibson

A

Presumption of TENANTS IN COMMON where unequal contributions are made. Approved by Bull v Bull.

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4
Q

Morley v Bird

A

Presumption of TENANTS IN COMMON where a share has been mortgaged or granted to a secure loan

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5
Q

Goodman v Gallant

A

Severing JOINT TENANT beneficial interests will result in TENANTS IN COMMON with equal shares.

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6
Q

Ways to sever JOINT TENANT beneficial interest

A

1) Notice in writing - clear, served on all Joint Tenants at last known address by recorded delivery 2) 3 ways identified under Williams v Hensman 3) Forfeiture - cannot benefit from crime (Estate of Hall principle applied in Dunbar v Plant)

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7
Q

88 Berkeley Road

A

Notice to sever is valid even if not received

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8
Q

Ways to end co-ownership

A

1) Partition 2) Sale and division of proceeds 3) Union of interest (death of other joint tenants or by agreement)

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9
Q

Williams v Hensman

A

Identified 3 other ways to sever the JOINT TENANT beneficial interest: 1) operating under own share destroying the 4 unities, alienation via mortgage, declared bankrupt (share passes to mortgagor) 2) mutual agreement (supported by Burgess v Rawnsley) which is unenforceable but evidence of intention to sever which is enough (confirmed in Hunter v Babbage) 3) interests of all are mutually treated as being TENANTS IN COMMON (obiter dicta in Burgess v Rawnsley).

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10
Q

Harris v Goddard

A

Severance must be immediate

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11
Q

Tizard

A

Trust imposed when interest acquired due to conduct (eg contribution to purchase price)

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12
Q

Selling the property

A
  • seek an order for sale from courts (TOLATA ss14, 15) - cannot exclude from property even if beneficial interest v legal - Bull v Bull - need court order (see 1) - can be made to pay rent to other co-owners TOLATA s 13 if required to balance in equity (supported in Stack v Dowden)
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13
Q

Bedson v Bedson

A

“share” for tenants in common is proportionate to the number of joint tenants prior to severance

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14
Q

Flegg

A

Equitable interests can be overreached if certain conditions are met - disposition to 2+ trustees, signed by all trustees, capital monies paid to all trustees

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15
Q

Kinch v Bullard

A

If severance sent by registered post - shall be deemed severed when would in the ordinary course be delievered

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16
Q

Greenfield v Greenfield

A

Physical division of land does not evidence an intention to sever

17
Q

Buchanan-Wollaston’s conveyance

A

Purpose of the original trust will be considered by courts before order for sale granted. Supported by Re Evers (both prior to TOLATA)

18
Q

Bell

A

Age of children will be relevant

19
Q

Marshall

A

Old cases prior to TOLATA will still be considered Conflicts with Shaire - obiter s15 TOLATA inclusive - should be used instead of old law. Questionable!

20
Q

Dennis v McDonald

A

Court may make order regulating right to occupy property - pay rent to other co-owner

21
Q

1

Presumption of JOINT TENANTS in domestic situations .

A

Stack v Dowden

22
Q

1

Domestic situations may change over time. Important to take into account intention and size of contributions. Resulting trusts not appropriate. Become TENANTS IN COMMON (severing with unequal shares is unanswered).

A

Jones v Kennott

23
Q

1

Presumption of TENANTS IN COMMON in commercial contexts.

A

Malaysian Credit Ltd v Jack Chia MPH Ltd

24
Q

1

Presumption of TENANTS IN COMMON where unequal contributions are made. Approved by Bull v Bull.

A

Lake v Gibson

25
Q

1

Presumption of TENANTS IN COMMON where a share has been mortgaged or granted to a secure loan

A

Morley v Bird

26
Q

1

Severing JOINT TENANT beneficial interests will result in TENANTS IN COMMON with equal shares.

A

Goodman v Gallant

27
Q

1

1) Notice in writing - clear, served on all Joint Tenants at last known address by recorded delivery 2) 3 ways identified under Williams v Hensman 3) Forfeiture - cannot benefit from crime (Estate of Hall principle applied in Dunbar v Plant)

A

Ways to sever JOINT TENANT beneficial interest

28
Q

1

Notice to sever is valid even if not received

A

88 Berkeley Road

29
Q

1

1) Partition 2) Sale and division of proceeds 3) Union of interest (death of other joint tenants or by agreement)

A

Ways to end co-ownership

30
Q

1

Identified 3 other ways to sever the JOINT TENANT beneficial interest: 1) operating under own share destroying the 4 unities, alienation via mortgage, declared bankrupt (share passes to mortgagor) 2) mutual agreement (supported by Burgess v Rawnsley) which is unenforceable but evidence of intention to sever which is enough (confirmed in Hunter v Babbage) 3) interests of all are mutually treated as being TENANTS IN COMMON (obiter dicta in Burgess v Rawnsley).

A

Williams v Hensman

31
Q

1

Severance must be immediate

A

Harris v Goddard

32
Q

1

Trust imposed when interest acquired due to conduct (eg contribution to purchase price)

A

Tizard

33
Q

1

  • seek an order for sale from courts (TOLATA ss14, 15) - cannot exclude from property even if beneficial interest v legal - Bull v Bull - need court order (see 1) - can be made to pay rent to other co-owners TOLATA s 13 if required to balance in equity (supported in Stack v Dowden)
A

Selling the property

34
Q

1

“share” for tenants in common is proportionate to the number of joint tenants prior to severance

A

Bedson v Bedson

35
Q

1

Equitable interests can be overreached if certain conditions are met - disposition to 2+ trustees, signed by all trustees, capital monies paid to all trustees

A

Flegg

36
Q

1

If severance sent by registered post - shall be deemed severed when would in the ordinary course be delievered

A

Kinch v Bullard

37
Q

1

Physical division of land does not evidence an intention to sever

A

Greenfield v Greenfield

38
Q

1

Purpose of the original trust will be considered by courts before order for sale granted. Supported by Re Evers (both prior to TOLATA)

A

Buchanan-Wollaston’s conveyance

39
Q

1

Age of children will be relevant

A

Bell

40
Q

1

Old cases prior to TOLATA will still be considered Conflicts with Shaire - obiter s15 TOLATA inclusive - should be used instead of old law. Questionable!

A

Marshall

41
Q

1

Court may make order regulating right to occupy property - pay rent to other co-owner

A

Dennis v McDonald

Land (9 decks)

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