Mapa mental
Co-Ownership
Conteúdo do mapa
Co-Ownership
When more than 1 owner there is equity
- Always a legal and beneficial owner, can be same person or 2 separate people
- Statutory trusts are now trusts of land (Post 1995) TLATA 1996 Important legislation for this
- So now, as soon as more than 1 owner in law or equity, then a trust & TLATA applies
- Trusts can be created expressly - must be evidenced in writing
- No formalities except intention must be evidenced, must be clear that a trusts been created
- Subject matter & object of the trust must be sufficiently certain
- Court may still find an implied trust if not created expressly
- Subject matter & object of the trust must be sufficiently certain
- No formalities except intention must be evidenced, must be clear that a trusts been created
- Or Impliedly - no requirement for writing
- Resulting - usually where there is a joint contribution to the purchase, equity will imply a RT matching %'s of the contribution
- Constructive - Much wider than RT, much more creative. Can arise by parties conduct and intentions, ie spending money making improvements
- Not limited to who paid what in monetary terms
- Statutory trusts are now trusts of land (Post 1995) TLATA 1996 Important legislation for this
- Always a legal and beneficial owner, can be same person or 2 separate people
2 forms of co-ownership
- Joint tenancy
- Property owned by tenants as 1 unit, no individual shares, % contribution doesn't matter, rights of survivorship, as 1 dies unit gets smaller
- JT's cannot give/pass on their interest as do not have a share which is theirs alone to give away
- To create a JT - 4 Unities must be present. PITT
- P - Possession. All owners have equal rights to use the estate/lease
- Each JT owns the whole collectively, must show that each JT intends to share use of all the property
- One co-owner cannot evict another
- Each JT owns the whole collectively, must show that each JT intends to share use of all the property
- I - Interest. All JT's hold the same estate
- All JT's hold he same estate (cannot be that one signs for 10 years and another 12 years)
- All JT's must join in a sale and rents and profits divided equally
- No JT if interests are different - ie free and leasehold
- All JT's must join in a sale and rents and profits divided equally
- All JT's hold he same estate (cannot be that one signs for 10 years and another 12 years)
- T - Title. Each JT must acquire title from the same act or from the same document
- T - Time. The interest of each owner must vest at the same time.
- All must be conferred at same point in time and as a unit (not applicable to gifts by will)
- Under JT's, right to survivorship, last one alive gets everything. If 2 or more die at same time, assumed eldest died first
- All must be conferred at same point in time and as a unit (not applicable to gifts by will)
- Express creation of JT occurs when grant expressly provides that is how the land is to be held
- JT impliedly created when grant is silent. Presumption is raised that new owners will own the property beneficially as JT's
- Rationale is that equity follows the law - PETTIT v PETTIT 1970
- Presumption could be rebutted, but quite difficult to do!
- Rationale is that equity follows the law - PETTIT v PETTIT 1970
- JT impliedly created when grant is silent. Presumption is raised that new owners will own the property beneficially as JT's
- P - Possession. All owners have equal rights to use the estate/lease
- Property owned by tenants as 1 unit, no individual shares, % contribution doesn't matter, rights of survivorship, as 1 dies unit gets smaller
- TIC on next page
- Joint tenancy
Informações
- Descrição
- Degree Land Law Mapa Mental sobre Co-Ownership, criado por costafortune em 02-05-2013.
- Criado por
- costafortune · mai 2013
- Atualizado
- 29 jun 2016
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