Co-ownership

Co-ownership

1. 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
     • 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
             • 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)
   • 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
     • express declaration
       • goodman v gallant
         • if it says expressly joint tenancy then it will be otherwise it will be a tenancy in common
     • presumption at law
       • fisher v wigg
         • law does not like fractions so favours joint tenancy
     • Equitable presumptions
       • purchase of land in unequal shares
         • bull v bull
           • tenancy in common
         • stach v dowden
           • presumption that family is a joint tenancy
       • Partnership property
         • Lake v Craddock
           • presumption not a joint tenancy if a company
       • Money for mortgage by co-mortgagees
         • Morley v Bird
           • determined to be tenants in common on a shared mortgage
       • 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

2. Tenancy in common

   • An undivided share
     • no right of survivorship
       • a murders b
         • A tenant in common and CDE joint tenants
     • unity of possession
       • bull v bull
         • one cannot evict the other

3. 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
   • 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
         • Re goreman
           • Bankruptcy will cause an involuntary severance
       • 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
       • 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
     • 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

4. 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
   • 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