Land - Coownership

Question 0

s1(6) LPA 1925

Answer 0

Legal title is held as a joint tenancy, and the right of survivorship applies

Question 1

s36(1) LPA 1925

Answer 1

Coownership of land gives rise to a statutory trust

Question 2

s34(2) LPA 1925

Answer 2

1. Legal coowners must be over 18
2. Only 4 people may be legal owners
3. Where there are more than 4, the first four adults take and the remaining only receive a beneficial share

Question 3

Goodman v Gallant

Answer 3

Agreement between the parties, e.g. Form TR1, will be seen by the courts as conclusive

Question 4

Fowler v Barron

Answer 4

The law presumes that beneficial ownership is held as a joint tenancy, provided the 4 unities are present

Question 5

AG Securities v Vaughn

Answer 5

4 unities are:

• unity of possession
• unity of time
• unity of title
• unity of interest

Question 6

City of London BS v Flegg

Answer 6

Where there is unity of possession only, this will give rise to a tenancy in common

Question 7

Payne v Webb

Answer 7

‘in equal shares’ are construed as words of severance

Question 8

Lewen v Dodd

Answer 8

‘equally’ is construed as words of severance

Question 9

Peat v Chapman

Answer 9

‘to be divided between’ is construed as words of severance

Question 10

Stack v Dowden

Answer 10

1. Equity presumes a tenancy in common where purchase monies are provided in unequal shares
2. The shares will be held in equal proportion, but this presumption is rebuttable

Question 11

Re Fuller

Answer 11

Purchase of a property by a business is presumed to be as a tenancy in common

Question 12

s36(2) LPA 1925

Answer 12

1. Legal title may never be severed

2. Severance of equitable title may be by notice OR implied by conduct (as per Williams v Henman)

Question 13

s196(3) and (4)

Answer 13

Notice to sever will only be valid of:

• in writing
• delivered correctly
• served on all JTs

Question 14

Harris v Goddard

Answer 14

Severance in writing must be with immediate effect

Question 15

Kinch v Bullard

Answer 15

Notice will be validly delivered if it is left at the JT’s last place of abode/business, even if he did not actually receive it

Question 16

Re 88 Berkley Road

Answer 16

Notice sent recorded delivery will be validly delivered

- UNLESS it is returned by the postal service

Question 17

Williams v Henman

Answer 17

Severance may be implied by conduct if:

• JT acts upon his own share inter vivos
• JTs mutually agree to sever/buy out
• All JTs act in a way that intimates that they treat their interests as separate/a TiC

Question 18

Re Dennis

Answer 18

Adjudication of bankruptcy will be treated as acting on one’s own share

Question 19

Sale of beneficial interest

Answer 19

Alienation of beneficial interest will be treated as acting on one’s own share
- PROVIDED it is in compliance with s53(1)(c) LPA 1925

Question 20

Bedson v Bedson

Answer 20

Grant of a mortgage will be seen as acting on one’s own share

Question 21

Dunbar v Plant

Answer 21

Act of homicide/aiding suicide will be seen as acting on one’s own share

Question 22

Burgess v Rawnsley

Answer 22

1. Mutual agreement to sever need not be in writing

2. Negotiations need not be conclusive to intimate course of dealing

Question 23

s6(1) TLATA 1996

Answer 23

Trustees/coowners are absolute owners at law

Question 24

s6(5) TLATA 1996

Answer 24

Trustees must have regard to rights of Bs

Question 25

s11(1) TLATA 1996

Answer 25

Ts must consult Bs in respect of any transaction concerning the property, and give effect to them

Question 26

s11(1)(b) TLATA 1996

Answer 26

Where wishes of Bs conflict, the majority view prevails, as determined by value of share

Question 27

Bull v Bull

Answer 27

If minority B wishes to remain in occupation, the majority Bs may not simply evict him

Question 28

s14 TLATA 1996

Answer 28

T, B and interested party, e.g. secured creditor, may apply to court in event of a dispute

Question 29

s12(1) TLATA 1996

Answer 29

B has right to occupy land where: | - bought originally/subsequently for his occupation

Question 30

s12(2) TLATA 1996

Answer 30

B's right to occupation does not apply where the land is unavailable or unsuitable for occupation

Question 31

s13(1) TLATA 1996

Answer 31

T has power to decide whom to exclude in event of dispute between Bs as to right of occupation, but he may not exclude all Bs

Question 32

s13(4) TLATA 1996

Answer 32

When exercising power to exclude, T must have regard to: - intentions of settlor - purpose for which land held - circumstances and wishes of each B

Question 33

s13(6) TLATA 1996

Answer 33

T may require occupying B to pay rent to excluded Bs

Question 34

s13(7) TLATA 1996

Answer 34

T may not exclude a B currently in occupation, WITHOUT | - consent of B OR a court order

Question 35

s15 TLATA 1996

Answer 35

When reaching a decision in a dispute, the court will have regard to: - intentions of the settlor - purpose for which the property is held - welfare of any minors - interests of any secured creditor (- circumstances/wishes of Bs in event of dispute as to right of occupation)

Question 36

Re Evers

Answer 36

No sale ordered because purpose not complete, e.g. family home with minors still in occupation

Question 37

Jones v Challenger

Answer 37

Sale ordered because purpose complete, e.g. divorce and matrimonial home

Question 38

TSB v Marshall

Answer 38

Court will be guided by the following when interpreting s15 TLATA 1996 criteria in the event of sale request by mortgagee: - what is equitable, fair and just - interests of secured creditor - purpose for which land is held

Question 39

Bank of Ireland v Bell

Answer 39

A sale will only be ordered if it would not be fair, i.e. lender denied fair recompense

Question 40

Re Citro

Answer 40

Rights of the lender shall prevail

Question 41

Bank of Baroda v Dhillon

Answer 41

Creditor's rights shall only prevail if there are no exceptional circumstances, e.g. minors in occupation and sale would result in insufficient monies to find alternative accommodation

Question 42

s335A Insolvency Act 1986

Answer 42

s15 TLATA 1996 criteria do not apply; instead bankruptcy court will consider: - what is fair, just and reasonable vis-à-vis interests of bankrupt's creditors - conduct of spouse in relation to bankruptcy - needs and financial means of the spouse - needs of any minors in occupation

Question 43

Re Holliday

Answer 43

Automatic presumption that interests of bankrupt's creditors prevail after 1 year will only be rebutted if there are exceptional circumstances, e.g. spouse with young children

Question 44

Judd v Brown

Answer 44

Automatic presumption that interests of bankrupt's creditors prevail after 1 year will only be rebutted if there are exceptional circumstances, e.g. long-term illness/convalescence

Question 45

Mortgage Corp v Shaire

Answer 45

Court may postpone sale to allow other Bs to take over the loan