Trusts of land and Co-ownership

Question 1

What statute states that legal title is always held as a joint tenancy

Answer 1

s.1(6) Law of Property Act 1925

Question 2

What statute states that there is a maximum number of four which may hold a legal estate jointly

Answer 2

s.34(2) Law of Property Act 1925

Question 3

What are the 4 unities?

Answer 3

PITT

• Unity of Possession
• Unity of Interest
• Unity of Title
• Unity of Time

Question 4

1 - What case deemed an express declaration conclusive as to how the tenancy was held?

Answer 4

Goodman v Gallant [1986]

Question 5

Which case deemed that joint tenancies run on survivorship?

Answer 5

Gould v Kemp

Question 6

Methods of severance

Answer 6

s.36 LPA 1925 - WHAM - 
Written
Homicide
Alienation
Mutual Agreement/Conduct

Question 7

The intention to sever must be to bring about the result immediately, not some time in the future

Answer 7

Harris v Goddard [1983]

Question 8

Buyers contribute different amounts to the purchase price - presume a tenancy in common

Answer 8

Lake v Gibson

Question 9

Notice in writing for severance need not be signed

Answer 9

Re Draper’s Conveyance [1969]

Question 10

Severance by alienation must be in compliance with which statute and it must be signed

Answer 10

s.53(1)(c) LPA 1925

Question 11

Oral agreement is sufficient to show the common intention necessary to sever joint tenancy

Answer 11

Burgess v Rawnsley [1975]

Question 12

which statute states that a co-ownership of a property gives rise to a trust of land

Answer 12

s.36 LPA 1925

Question 13

Trusts of land are governed by

Answer 13

Trusts of Land and Appointment of Trustees Act 1996

Question 14

Homicide

Answer 14

Re K

Question 15

Property bought for a business

Answer 15

Morley v Bird (1798)

Question 16

If notice delivered to place of abode, notice effective even if they don’t receive it.

Answer 16

Kinch v Bullard (1999)