Mapa mental
Co-ownership

Mind map: Co-ownership
Contenido del mapa
Co-ownership
Joint tenancies
- wright v gibbon
- jointly seised for the whole of the estate, no-one has a distinct or separate title
- distinguishing features
- four unities
- possession
- simultaneously entitled to the land
- interest
- have to have the same length of time
- title
- time
- possession
- right of survivorship
- jus accrescendi.
- s.3(4) AEA 1925
- the interest ceases when a person dies and the other gains full control even if a will says different
- gould v kemp
- s.184 LPA 1925
- uncertain order of death
- will be determined by seniority, whoever is youngest has best claim
- has to be explicit and defined evidence to show that it was contrary to the presumption
- Re Bate
- uncertain order of death
- forfeiture rules
- s.1(1) forfeiture act 1982
- stops a person from gaining the benefit from an unlawful killing
- Re K
- treat the deceased and the survivors at the same so they all lose the benefit (Vinelott)
- Re K
- stops a person from gaining the benefit from an unlawful killing
- s.1(1) forfeiture act 1982
- the interest ceases when a person dies and the other gains full control even if a will says different
- s.3(4) AEA 1925
- jus accrescendi.
- four unities
- Features cont.
- s.1(6) LPA 1925
- legal estate must be a joint tenancy
- s.34 (2) LPA 1925
- cannot exceed 4 tenants
- s.1(6) LPA 1925
- no Minors
- Words of severance
- lewen v dodd
- two sons equally
- tenancy in common
- two sons equally
- lewen v dodd
- express declaration
- goodman v gallant
- if it says expressly joint tenancy then it will be otherwise it will be a tenancy in common
- goodman v gallant
- presumption at law
- fisher v wigg
- law does not like fractions so favours joint tenancy
- fisher v wigg
- Equitable presumptions
- purchase of land in unequal shares
- bull v bull
- tenancy in common
- stach v dowden
- presumption that family is a joint tenancy
- bull v bull
- Partnership property
- Lake v Craddock
- presumption not a joint tenancy if a company
- Lake v Craddock
- Money for mortgage by co-mortgagees
- Morley v Bird
- determined to be tenants in common on a shared mortgage
- Morley v Bird
- Malayan Credit Ltd v Jack Chia MPH Ltd
- for several business purposes tenancy in common
- rebutted by contrary intentions
- Barton v Morris
- no partnership agreement for the farm
- contrary to presumption
- no partnership agreement for the farm
- Barton v Morris
- purchase of land in unequal shares
- s.1(6) LPA 1925
- wright v gibbon
Tenancy in common
- An undivided share
- no right of survivorship
- a murders b
- A tenant in common and CDE joint tenants
- a murders b
- unity of possession
- bull v bull
- one cannot evict the other
- bull v bull
- no right of survivorship
- An undivided share
Severance
- Harris v goddard
- the process of severing a joint tenancy into tenancies in common
- S.36 (2) LPA 1925
- severance only happens in equitable estates
- creates a TiC from JT
- one joint tenant is not capable of damaging the others
- severance only happens in equitable estates
- Method of Severance
- Burgess v Rawnsley
- for the law to facilitate severance
- common law williams v hensman
- joint tenant operating on his own share
- First National Securities Ltd v Hegerty
- the taking out of a mortgage will sever the ties
- Sale
- legal estate
- a sells to b they still have a legal right in the estate
- Equity
- A sells to b B becomes tenant in A's share
- legal estate
- Re goreman
- Bankruptcy will cause an involuntary severance
- First National Securities Ltd v Hegerty
- Mutual agreement amongst joint tenants
- Burgess v Rawnsley
- no formalities, can be oral, need not be specifically enforceable
- Hunter v Babbage
- has to be Equal shares
- Mutual split by divorce proceedings
- Davis v Smith
- divorce drafts mutually agreeing to the severance where enough to sever (wives death would have left the D with nothing)
- must be mutual between all tenants,no formalities,agreement in district shares and not a disposition in land, can be inconclusive, need not be acted upon
- Burgess v Rawnsley
- Mutual course of dealing
- Gore and Snell v Carpenter
- Must be final and conclusive
- Greenfield v Greenfield
- split of the land by living in separate flats was not enough to say that there was a severance
- must be final and conclusive, must be mutual, not unilateral
- Gore and Snell v Carpenter
- joint tenant operating on his own share
- S.36 (2) LPA 1925
- notice in writing, expressing an unequivocal desire to sever, must have an immediate and unconditional effect
- Nielson Jones v Feddon
- only irrevocable actions can amount to a severance
- Gore and Snell v Carpenter
- agreeing but had not agreed
- Re Draper`s Conveyance
- not immediate effect
- Harris v Goddard
- divorce petition has to be with immediate effect
- delivery
- Re 88 Berkeley Road
- once posted notice served
- Kinch v Bullard
- once posted notice served unless returned to sender
- Quigley v Masterson
- has to have notice or be able to access the notice
- Re 88 Berkeley Road
- Nielson Jones v Feddon
- notice in writing, expressing an unequivocal desire to sever, must have an immediate and unconditional effect
- Burgess v Rawnsley
- Harris v goddard
termination of co-ownership
- s.32(2) LPA 1925
- the right of a tenant to release his interest to another of the joint tenants
- sale of co-owners to a third party by court order
- s.14/15 tolata 1996
- any person can make an application to the court
- s.14/15 tolata 1996
- union by survivorship
- s.1(1) LP(JT)A 1964
- has to be a notice of an interested party, they will then become the sole owner if they outlive the others
- s.1(1) LP(JT)A 1964
- s.32(2) LPA 1925
Información
- Descripción
- Property Mapa Mental sobre Co-ownership, creado por philip_res el 02/05/2014.
- Creado por
- philip_res
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