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Law > Land - Coownership > Flashcards

Land - Coownership Flashcards

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0
Q

s1(6) LPA 1925

A

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

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1
Q

s36(1) LPA 1925

A

Coownership of land gives rise to a statutory trust

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2
Q

s34(2) LPA 1925

A
  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
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3
Q

Goodman v Gallant

A

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

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4
Q

Fowler v Barron

A

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

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5
Q

AG Securities v Vaughn

A

4 unities are:

  • unity of possession
  • unity of time
  • unity of title
  • unity of interest
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6
Q

City of London BS v Flegg

A

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

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7
Q

Payne v Webb

A

‘in equal shares’ are construed as words of severance

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8
Q

Lewen v Dodd

A

‘equally’ is construed as words of severance

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9
Q

Peat v Chapman

A

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

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10
Q

Stack v Dowden

A
  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
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11
Q

Re Fuller

A

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

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12
Q

s36(2) LPA 1925

A
  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)

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13
Q

s196(3) and (4)

A

Notice to sever will only be valid of:

  • in writing
  • delivered correctly
  • served on all JTs
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14
Q

Harris v Goddard

A

Severance in writing must be with immediate effect

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15
Q

Kinch v Bullard

A

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

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16
Q

Re 88 Berkley Road

A

Notice sent recorded delivery will be validly delivered

- UNLESS it is returned by the postal service

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17
Q

Williams v Henman

A

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
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18
Q

Re Dennis

A

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

19
Q

Sale of beneficial interest

A

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

20
Q

Bedson v Bedson

A

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

21
Q

Dunbar v Plant

A

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

22
Q

Burgess v Rawnsley

A
  1. Mutual agreement to sever need not be in writing

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

23
Q

s6(1) TLATA 1996

A

Trustees/coowners are absolute owners at law

24
Q

s6(5) TLATA 1996

A

Trustees must have regard to rights of Bs

25
Q

s11(1) TLATA 1996

A

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

26
Q

s11(1)(b) TLATA 1996

A

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

27
Q

Bull v Bull

A

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

28
Q

s14 TLATA 1996

A

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

29
Q

s12(1) TLATA 1996

A

B has right to occupy land where:

- bought originally/subsequently for his occupation

30
Q

s12(2) TLATA 1996

A

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

31
Q

s13(1) TLATA 1996

A

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

32
Q

s13(4) TLATA 1996

A

When exercising power to exclude, T must have regard to:

  • intentions of settlor
  • purpose for which land held
  • circumstances and wishes of each B
33
Q

s13(6) TLATA 1996

A

T may require occupying B to pay rent to excluded Bs

34
Q

s13(7) TLATA 1996

A

T may not exclude a B currently in occupation, WITHOUT

- consent of B OR a court order

35
Q

s15 TLATA 1996

A

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)

36
Q

Re Evers

A

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

37
Q

Jones v Challenger

A

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

38
Q

TSB v Marshall

A

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
39
Q

Bank of Ireland v Bell

A

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

40
Q

Re Citro

A

Rights of the lender shall prevail

41
Q

Bank of Baroda v Dhillon

A

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

42
Q

s335A Insolvency Act 1986

A

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
43
Q

Re Holliday

A

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

44
Q

Judd v Brown

A

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

45
Q

Mortgage Corp v Shaire

A

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

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