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

Property Law Second Term - COOWNERSHIP Flashcards

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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
Q

S.8 TLATA

A

Limitations when trust is express

18
Q

Re Palmer

A

Involuntary acts (bankruptcy) give notice from date of bankruptcy

19
Q

s.7 TLATA

A

Partition of land to end coownership

20
Q

S.11(1)(b) TLATA

A

Beneficiaries have a right to be consulted

21
Q

What two cases can be contrasted to see whether a notice evinces an immediate intention to sever?

A

Re Draper’s Conveyance and Harris v Goddard

23
Q

S.15 TLATA

A

Matters to which courts have regard when determining applications

24
Q

Re Dennis

A

Act on share includes insolvency

25
Q

What did Dixon say about s.15?

A

Indications of a general approach, acting as an ‘aid to the exercise of discretion’ in determining intention

27
Q

What are the two overarching ways to sever a JT?

A

Unilateral and universal

28
Q

Law Com, “Trusts of Land” about what?

A

Two possible radical reforms to severance

29
Q

Harris v Goddard

A

Need an immediate intention to sevr

30
Q

What sections of TLATA outline the beneficiaries powers/rights?

A

S.11, 12 and 15

31
Q

What did Pasco argue?

A

S.12 TLATA right to occupy is consistent with method of trust emphasising use, not investment, value

33
Q

Secured creditors interest - large mortgage. S.15 TLATA

A

Anneveld v Robinson

35
Q

What is it called to end a JT?

A

Severance

36
Q

What section of the LPA notes what to do if there is uncertainty about the order of death?

A

S.184 LPA

37
Q

Saunders v Vautier

A

Sole beneficiary of full age and capacity can insist on legal title

39
Q

Burgess v Rawnsley

A

Misunderstanding, mutual agreement

40
Q

What case shows a notice which gave an immediate intention to sever?

A

Re Draper’s Conveyance

41
Q

One way to sever JT universally

A

Mutual conduct/agreement

42
Q

S.13 TLATA on removing unity of possession

A

Excluding other tenants

44
Q

What does Rodway v Landy show?

A

S.13 power to exclude from parts - divided up the land

46
Q

Antoniades v Villers on unity of title

A

Multiple documents are one if done for the ‘wrong reason’

47
Q

What section of TLATA states compensation if one coowner is excluded?

A

S.13

49
Q

Two ways to sever JT unilaterally

A

Written notice or acting on his share

50
Q

S.12 TLATA

A

Beneficiaries have a right to occupy

51
Q

What is the unity of time?

A

Interests need to arise at the same time

52
Q

S.12 TLATA

A

coowners cannot exclude each other

53
Q

What section of TLATA states how coowners cannot exclude each other?

A

S.12

54
Q

Voluntary dispositions resulting in partial temporal alienation may still sever

A

First National Security v Hegerty

55
Q

What happens to a TC upon death?

A

Will/intestacy

56
Q

White v White

A

Consider welfare of minors under s.15 TLATA

57
Q

Why did McFarlane criticise Law Com “Trusts of Land”?

A

Reforms ‘provide polarised responses that strengthen or weaken’ survivorship

58
Q

Rodway v Landy

A

Doctors surgery

59
Q

First National Security v Hegerty

A

Voluntary dispositions resulting in partial temporal alienation may still sever - forging wife’s signature to get a legal charge

60
Q

S.6 TLATA

A

General powers of trustees

61
Q

What is it called if one JT kills the other?

A

Forfeiture

62
Q

What sections of TLATA outline the trustees power/duties?

A

S.6, 8 and 13

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