Property Law Second Term - COOWNERSHIP Flashcards
What has happened since Hegerty?
It was never applied in the case and academic doubt since
What section of what statute makes it clear there are only a max of four JTs at law?
S.34(2) LPA
What does unity of title have to be?
One document
What happens to a JT upon death?
Survivorship (jus accrescendi)
Courts no longer constrained by presumption of sale due to s.15 TLATA
Mortgage Corp v Shaire
What does a unity of interest have to be?
Same extent, nature and duration
How does not sever in written notice?
S.36(2) LPA, with rules on notice in s.196
Involuntary acts (bankruptcy) give notice from date of bankruptcy
Re Palmer
What is a statutory way to end coownership by removing unity of possession?
S.7 TLATA or court order (s.13 TLATA)
Re Draper’s Conveyance
Immediate intention to sever
What is the effect of an act on a share, such that severance occurs?
Destroys one or more of the unities of possession
What section of what statute makes it clear there is only a JT at law?
S.36(2) LPA
Kinch v Bullard
Notice to sever need not be seen, just reached last known address
What does an act on a share include?
Insolvency
What happened in First National v Hegerty?
Forged wife’s signature for legal charge - severance
Consider welfare of minors under s.15 TLATA
White v White
Anneveld v Robinson
Secured creditors interest - large mortgage. S.15 TLATA
What two radical reforms to severance did the Law Com suggest?
Limit to statutory method or enable severance by will
What did Smith argue about JT?
Abolition will not help as TC still requires updating of a will
Mortgage Corp v Shaire
Courts no longer constrained by presumption of sale due to s.15 TLATA
What does the Bodies Corporate (JT) Act 1899 cover?
If one JT might never die (a corporate body)
S.13 TLATA
compensation if one coowner is excluded
What is needed to create a joint tenancy in a leasehold/freehold?
S.52 LPA and s.1 LP(MP)A, and registration for lease if over 7 year (s.27(1) LRA)
What are the four unities?
Possession, title, time and interest
S.8 TLATA
Limitations when trust is express
Re Palmer
Involuntary acts (bankruptcy) give notice from date of bankruptcy
s.7 TLATA
Partition of land to end coownership
S.11(1)(b) TLATA
Beneficiaries have a right to be consulted
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
S.15 TLATA
Matters to which courts have regard when determining applications
Re Dennis
Act on share includes insolvency
What did Dixon say about s.15?
Indications of a general approach, acting as an ‘aid to the exercise of discretion’ in determining intention
What are the two overarching ways to sever a JT?
Unilateral and universal
Law Com, “Trusts of Land” about what?
Two possible radical reforms to severance
Harris v Goddard
Need an immediate intention to sevr
What sections of TLATA outline the beneficiaries powers/rights?
S.11, 12 and 15
What did Pasco argue?
S.12 TLATA right to occupy is consistent with method of trust emphasising use, not investment, value
Secured creditors interest - large mortgage. S.15 TLATA
Anneveld v Robinson
What is it called to end a JT?
Severance
What section of the LPA notes what to do if there is uncertainty about the order of death?
S.184 LPA
Saunders v Vautier
Sole beneficiary of full age and capacity can insist on legal title
Burgess v Rawnsley
Misunderstanding, mutual agreement
What case shows a notice which gave an immediate intention to sever?
Re Draper’s Conveyance
One way to sever JT universally
Mutual conduct/agreement
S.13 TLATA on removing unity of possession
Excluding other tenants
What does Rodway v Landy show?
S.13 power to exclude from parts - divided up the land
Antoniades v Villers on unity of title
Multiple documents are one if done for the ‘wrong reason’
What section of TLATA states compensation if one coowner is excluded?
S.13
Two ways to sever JT unilaterally
Written notice or acting on his share
S.12 TLATA
Beneficiaries have a right to occupy
What is the unity of time?
Interests need to arise at the same time
S.12 TLATA
coowners cannot exclude each other
What section of TLATA states how coowners cannot exclude each other?
S.12
Voluntary dispositions resulting in partial temporal alienation may still sever
First National Security v Hegerty
What happens to a TC upon death?
Will/intestacy
White v White
Consider welfare of minors under s.15 TLATA
Why did McFarlane criticise Law Com “Trusts of Land”?
Reforms ‘provide polarised responses that strengthen or weaken’ survivorship
Rodway v Landy
Doctors surgery
First National Security v Hegerty
Voluntary dispositions resulting in partial temporal alienation may still sever - forging wife’s signature to get a legal charge
S.6 TLATA
General powers of trustees
What is it called if one JT kills the other?
Forfeiture
What sections of TLATA outline the trustees power/duties?
S.6, 8 and 13
