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Law First Year > Property Law Second Term - COOWNERSHIP > Flashcards

Property Law Second Term - COOWNERSHIP Flashcards

1
Q

What has happened since Hegerty?

A

It was never applied in the case and academic doubt since

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2
Q

What section of what statute makes it clear there are only a max of four JTs at law?

A

S.34(2) LPA

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3
Q

What does unity of title have to be?

A

One document

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3
Q

What happens to a JT upon death?

A

Survivorship (jus accrescendi)

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3
Q

Courts no longer constrained by presumption of sale due to s.15 TLATA

A

Mortgage Corp v Shaire

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4
Q

What does a unity of interest have to be?

A

Same extent, nature and duration

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4
Q

How does not sever in written notice?

A

S.36(2) LPA, with rules on notice in s.196

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4
Q

Involuntary acts (bankruptcy) give notice from date of bankruptcy

A

Re Palmer

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4
Q

What is a statutory way to end coownership by removing unity of possession?

A

S.7 TLATA or court order (s.13 TLATA)

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4
Q

Re Draper’s Conveyance

A

Immediate intention to sever

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5
Q

What is the effect of an act on a share, such that severance occurs?

A

Destroys one or more of the unities of possession

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6
Q

What section of what statute makes it clear there is only a JT at law?

A

S.36(2) LPA

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7
Q

Kinch v Bullard

A

Notice to sever need not be seen, just reached last known address

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7
Q

What does an act on a share include?

A

Insolvency

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7
Q

What happened in First National v Hegerty?

A

Forged wife’s signature for legal charge - severance

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8
Q

Consider welfare of minors under s.15 TLATA

A

White v White

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10
Q

Anneveld v Robinson

A

Secured creditors interest - large mortgage. S.15 TLATA

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10
Q

What two radical reforms to severance did the Law Com suggest?

A

Limit to statutory method or enable severance by will

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10
Q

What did Smith argue about JT?

A

Abolition will not help as TC still requires updating of a will

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11
Q

Mortgage Corp v Shaire

A

Courts no longer constrained by presumption of sale due to s.15 TLATA

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12
Q

What does the Bodies Corporate (JT) Act 1899 cover?

A

If one JT might never die (a corporate body)

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13
Q

S.13 TLATA

A

compensation if one coowner is excluded

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13
Q

What is needed to create a joint tenancy in a leasehold/freehold?

A

S.52 LPA and s.1 LP(MP)A, and registration for lease if over 7 year (s.27(1) LRA)

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15
Q

What are the four unities?

A

Possession, title, time and interest

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16
S.8 TLATA
Limitations when trust is express
18
Re Palmer
Involuntary acts (bankruptcy) give notice from date of bankruptcy
19
s.7 TLATA
Partition of land to end coownership
20
S.11(1)(b) TLATA
Beneficiaries have a right to be consulted
21
What two cases can be contrasted to see whether a notice evinces an immediate intention to sever?
Re Draper's Conveyance and Harris v Goddard
23
S.15 TLATA
Matters to which courts have regard when determining applications
24
Re Dennis
Act on share includes insolvency
25
What did Dixon say about s.15?
Indications of a general approach, acting as an 'aid to the exercise of discretion' in determining intention
27
What are the two overarching ways to sever a JT?
Unilateral and universal
28
Law Com, "Trusts of Land" about what?
Two possible radical reforms to severance
29
Harris v Goddard
Need an immediate intention to sevr
30
What sections of TLATA outline the beneficiaries powers/rights?
S.11, 12 and 15
31
What did Pasco argue?
S.12 TLATA right to occupy is consistent with method of trust emphasising use, not investment, value
33
Secured creditors interest - large mortgage. S.15 TLATA
Anneveld v Robinson
35
What is it called to end a JT?
Severance
36
What section of the LPA notes what to do if there is uncertainty about the order of death?
S.184 LPA
37
Saunders v Vautier
Sole beneficiary of full age and capacity can insist on legal title
39
Burgess v Rawnsley
Misunderstanding, mutual agreement
40
What case shows a notice which gave an immediate intention to sever?
Re Draper's Conveyance
41
One way to sever JT universally
Mutual conduct/agreement
42
S.13 TLATA on removing unity of possession
Excluding other tenants
44
What does Rodway v Landy show?
S.13 power to exclude from parts - divided up the land
46
Antoniades v Villers on unity of title
Multiple documents are one if done for the 'wrong reason'
47
What section of TLATA states compensation if one coowner is excluded?
S.13
49
Two ways to sever JT unilaterally
Written notice or acting on his share
50
S.12 TLATA
Beneficiaries have a right to occupy
51
What is the unity of time?
Interests need to arise at the same time
52
S.12 TLATA
coowners cannot exclude each other
53
What section of TLATA states how coowners cannot exclude each other?
S.12
54
Voluntary dispositions resulting in partial temporal alienation may still sever
First National Security v Hegerty
55
What happens to a TC upon death?
Will/intestacy
56
White v White
Consider welfare of minors under s.15 TLATA
57
Why did McFarlane criticise Law Com "Trusts of Land"?
Reforms 'provide polarised responses that strengthen or weaken' survivorship
58
Rodway v Landy
Doctors surgery
59
First National Security v Hegerty
Voluntary dispositions resulting in partial temporal alienation may still sever - forging wife's signature to get a legal charge
60
S.6 TLATA
General powers of trustees
61
What is it called if one JT kills the other?
Forfeiture
62
What sections of TLATA outline the trustees power/duties?
S.6, 8 and 13

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