Trusts of Land and Co-Ownership

Question 1

How should a trust of land answer start?

Answer 1

“When land is co-owned it gives rise to a statutory trust of land” Section 36 PA 1925

Question 2

Legal title is always held on a joint tenancy. Which Section of which Act?

Answer 2

Section 1(6) LPA 1925

Question 3

The maximum number of trustees of land is 4. Which Section of which Act?

Answer 3

Section 34(2) LPA 1925

Question 4

Joint tenancies run on survivorship. Which case?

Answer 4

Gould v Kemp

Question 5

In a tenancy in common owners have separate but undivided shares. Which case?

Answer 5

Fisher v Wiggs

Question 6

What are the four tests to see if there is a tenancy in common or a joint tenancy at equity?

Answer 6

1. Four unities
2. Express wording
3. Words of severance
4. Equity presumes a tenancy in common

Question 7

What are the four unities?

Answer 7

1. Possession
2. Interest
3. Time
4. Title

Question 8

Express wording will be binding and conclusive. Which case?

Answer 8

Goodman v Gallant

Question 9

Words of severance (“equally”; “between”; “amongst”) will be binding and conclusive. Which case?

Answer 9

Robertson v Fraser

Question 10

Equity presumes a tenancy in common in which situations?

Answer 10

1. Unequal purchase prices

2. Partnership or business property

Question 11

Severance of a joint legal title is prohibited. Which section of which Act?

Answer 11

Section 36(2) LPA 1925

Question 12

What are the four ways that a joint tenancy can be severed?

Answer 12

1. Notice
2. Alienation
3. Mutual agreement
4. Course of dealings

Question 13

Severance by notice must show the intention to sever immediately, not at a later date. Which case?

Answer 13

Harris v Goddard

Question 14

Notice will be effective if it is delivered to to the last known place of business. Which Section of which Act?

Answer 14

196(3)

Question 15

Notice will be effective even if the recipient does not get the notice. Which case?

Answer 15

Kinch v Bullard

Question 16

What can alienation include?

Answer 16

Morgan v Marquis

Bankruptcy, sale, mortgage, gift

Question 17

Where joint tenants expressly agree to sever the equitable interest this will suffice (mutual agreement). Which case?

Answer 17

Burgess v Rawnsley

Question 18

Where a course of dealings suggest that parties suggest they intend the shares to be held as a tenancy in common, this will sever the equitable joint tenancy. Which case?

Answer 18

Morley v Bird