Co-ownership
- Created by: Redberryb
- Created on: 24-07-20 12:10
View mindmap
- Co-Ownership
- JT
- Survivorship Rule: One dies remaining JT takes shares
- Can be no more than 4. Must be over 18
- Stack v Dowden Title held jointly
- TIC
- Can be created by deed
- JT
- Can only have at Law s1(6) LPA 1925
- Owners regarded as one person providing united by 4 unities
- JT
- Survivorship Rule: One dies remaining JT takes shares
- Can be no more than 4. Must be over 18
- Stack v Dowden Title held jointly
- Interest: They each hold identical interests
- Title: Interest was obtained on the same document
- JT
- Owners regarded as one person providing united by 4 unities
- Possession - All JT are entitlted to posses whole of land
- Owners regarded as one person providing united by 4 unities
- Interest: They each hold identical interests
- Title: Interest was obtained on the same document
- Owners regarded as one person providing united by 4 unities
- s35(2) LPA 1925. No severance of JT Legal Estate. Will become TIC.
- Harris V Goddard
- Notice in writing: intention to sever immediately
- Harris V Goddard
- Williams v Hensman
- JT operating on own share (bankruptcy)
- Mutual Agreement
- Mutual conduct: actions done to demonstrate severance
- s35(2) LPA 1925. No severance of JT Legal Estate. Will become TIC.
- Harris V Goddard
- Notice in writing: intention to sever immediately
- Harris V Goddard
- can be presumed
- Unequal contributions
- TIC
- Can be created by deed
- Business Partners
- Laskar v Laskar
- Lending money on a mortgage
- Business Partners
- Laskar v Laskar
- Kitch v Bullard
- served notice in writing but destroyed it on delivery - still effective service
- s10: Express trust can be created to impose requirement to get consent from parties
- S6 TLATA - trustees have power to act re land. sale/mortgage/leasing
- Must regard rights of B, must not act against law,
- S11: must consult B entitled to an interest of possession
- s12 - RIGHT TO OCCUPY
- Bs have right to occupy if trust land is available for occupation
- S6 TLATA - trustees have power to act re land. sale/mortgage/leasing
- S14- Resolving disputes
- A person can apply to the court if
- Trustee in land
- A person can apply to the court if
Comments
No comments have yet been made