Real Property Final - Co-ownership Flashcards
Re Chisick
bankruptcy severs joint tenancy
Re Somers
joint tenancy can be severed by mutual agreement, and does not have to be in writing (in Manitoba)
Stonehouse v. Attorney General
gave 1/2 share to daughter, carried it in her purse
Severance occurs at the time of the action, before registering it at land titles
Re Wilkes
3 minors got income of JT, one wanted his share
A single JT cannot sever without act of disposition
Burgess v. Ronsey
thought they were getting married, bought a house
Unilateral declaration of intent is not enough to sever, need an act of disposition
Fritz v. Fritz
Schwabiuk v. Schwabiuk
Writ de partitione facienda (compelling another co-owner to partition)
Burden of proof rests on the guy who doesn’t want to partition
Osachuk v. Osachuk
separated husband lying around drinking beer, didn’t rent out the top floor
Absent co-owner can seek occupation rent if: was forced off land, there was an arrangement, or during a partition suit (but only if other co-owner makes claim for expenses)
Co-owners can claim compensation for repairs only if: it was requested/arranged, or if they are discharging a common obligation
Sorenson v. Sorenson
granting a life estate from one JT to another JT does not sever joint tenancy
Lyons v. Lyons
joint tenants separated, one mortgaged home
Mortgage does not sever JT
Flanagan v. Wotherspoon
old men joint tenants on farm, on deathbed promised land to daughter, other was silent
Mutual course of dealings inconsistent with JT will sever
Fisher v Whig
when unsure of JT or TIC, it will be held as TIC
Novak v gatien
Re Gore
no survivorship for murderers
Williams v. Hensman
To sever joint tenancy
Unilateral Act
Mutual Agreement
Course of Dealings
Re Sterenchuk Estate
Unmarried couple bought laundromat as joint tenants explicitly
parties expressly override statute=equity will not step in
Brooklands Lumber
Power v. Grace
a charge against a land (from a creditor) does not sever joint tenancy
