Co-ownership

Co-ownership

Joint tenancies
1. wright v gibbon
  1. jointly seised for the whole of the estate, no-one has a distinct or separate title
2. distinguishing features
  1. four unities
    1. possession
      1. simultaneously entitled to the land
    2. interest
      1. have to have the same length of time
    3. title
    4. time
  2. right of survivorship
    1. jus accrescendi.
      1. 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
        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)
3. Features cont.
  1. s.1(6) LPA 1925
    1. legal estate must be a joint tenancy
  2. s.34 (2) LPA 1925
    1. cannot exceed 4 tenants
  3. s.1(6) LPA 1925
    1. no Minors
  4. Words of severance
    1. lewen v dodd
      1. two sons equally
        tenancy in common
  5. express declaration
    1. goodman v gallant
      1. if it says expressly joint tenancy then it will be otherwise it will be a tenancy in common
  6. presumption at law
    1. fisher v wigg
      1. law does not like fractions so favours joint tenancy
  7. Equitable presumptions
    1. purchase of land in unequal shares
      1. bull v bull
        tenancy in common
      2. stach v dowden
        presumption that family is a joint tenancy
    2. Partnership property
      1. Lake v Craddock
        presumption not a joint tenancy if a company
    3. Money for mortgage by co-mortgagees
      1. Morley v Bird
        determined to be tenants in common on a shared mortgage
    4. Malayan Credit Ltd v Jack Chia MPH Ltd
      1. for several business purposes tenancy in common
    5. rebutted by contrary intentions
      1. Barton v Morris
        no partnership agreement for the farm
        contrary to presumption
Tenancy in common
1. An undivided share
  1. no right of survivorship
    1. a murders b
      1. A tenant in common and CDE joint tenants
  2. unity of possession
    1. bull v bull
      1. one cannot evict the other
Severance
1. Harris v goddard
  1. the process of severing a joint tenancy into tenancies in common
2. S.36 (2) LPA 1925
  1. severance only happens in equitable estates
    1. creates a TiC from JT
  2. one joint tenant is not capable of damaging the others
3. Method of Severance
  1. Burgess v Rawnsley
    1. for the law to facilitate severance
  2. common law williams v hensman
    1. joint tenant operating on his own share
      1. First National Securities Ltd v Hegerty
        the taking out of a mortgage will sever the ties
      2. 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
      3. Re goreman
        Bankruptcy will cause an involuntary severance
    2. Mutual agreement amongst joint tenants
      1. Burgess v Rawnsley
        no formalities, can be oral, need not be specifically enforceable
      2. Hunter v Babbage
        has to be Equal shares
        Mutual split by divorce proceedings
      3. Davis v Smith
        divorce drafts mutually agreeing to the severance where enough to sever (wives death would have left the D with nothing)
      4. 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
    3. Mutual course of dealing
      1. Gore and Snell v Carpenter
        Must be final and conclusive
      2. Greenfield v Greenfield
        split of the land by living in separate flats was not enough to say that there was a severance
      3. must be final and conclusive, must be mutual, not unilateral
  3. S.36 (2) LPA 1925
    1. notice in writing, expressing an unequivocal desire to sever, must have an immediate and unconditional effect
      1. Nielson Jones v Feddon
        only irrevocable actions can amount to a severance
      2. Gore and Snell v Carpenter
        agreeing but had not agreed
      3. Re Draper`s Conveyance
        not immediate effect
      4. Harris v Goddard
        divorce petition has to be with immediate effect
      5. 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
termination of co-ownership
1. s.32(2) LPA 1925
  1. the right of a tenant to release his interest to another of the joint tenants
2. sale of co-owners to a third party by court order
  1. s.14/15 tolata 1996
    1. any person can make an application to the court
3. union by survivorship
  1. s.1(1) LP(JT)A 1964
    1. has to be a notice of an interested party, they will then become the sole owner if they outlive the others

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