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
  • 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
  • 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
  • s35(2) LPA 1925. No severance of JT Legal Estate. Will become TIC.
    • Harris V Goddard
      • Notice in writing: intention to sever immediately
  • 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
  • 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
  • S14- Resolving disputes
    • A person can apply to the court if
      • Trustee in land

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Land Law resources »