Land - Co-Ownership

Question 1

Joint tenancies cannot be disposed of in a will- they will run on survivorship

Answer 1

Gould v Kemp

Question 2

Legal title is always held as a JT

Answer 2

1(6) LPA

Question 3

Max. 4 people can appear on the legal title

Answer 3

34(2) LPA

Question 4

Legal title cannot be severed

Answer 4

36(2) LPA

Question 5

Express statements about nature of equitable interest are conclusive

Answer 5

Goodman v Gallant

Question 6

Words of severance indicate a T in C

Answer 6

Robertson v Fraser

Question 7

Equity will presume a T in C where contributions are of differing amounts

Answer 7

Lake v Gibson

Question 8

What conditions must be met to sever an equitable JT by notice?

Answer 8

1- In writing
2- Shows intention to sever immediately
3- Correctly served on all other JTs

Question 9

Severance by notice need not be signed

Answer 9

Re Draper’s Case

Question 10

Notice will be correctly served if left at the last known address of the person to whom it is addressed, even if they do not actually receive the notice

Answer 10

196(3) LPA, Kinch v Bullard

Question 11

Notice will be correctly served if sent by registered post, even if not actually received (provided it is not sent back undelivered)

Answer 11

196(4) LPA, 88 Berkeley Rd

Question 12

What formalities are required for severance by alienation?

Answer 12

Compliance with s53(1)(c) LPC- in signed writing