Co-ownership

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  • Created by: Edward
  • Created on: 29-02-16 11:31
Burton Camden LBC (2000)
JTs are regarded together as making up a single legal entity
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AG securities v Vaughan (1990)
4 unities: unity of possession; interest; time; title
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Stack v Dowden (2007)
Court could hold that there is a TIC even where there is a declaration that they hold the legal title as JTs, however, this is only with intimate relationships- not commercial ones
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Re Fuller (1933)
There is an equitable presumption against a JT where there is a commercial relationship
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Bull v Bull (1955)
Where prop is regd in one co-owner’s name and the purchase money is provided in unequal shares, a TIC in proportion to the share of the money advanced is presumed
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Lake v Craddock (1732)
The land is acquired by business partners as part of partnership assets a TIC is presumed
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Stack v Dowden (2007)
General rule = presumption that there is a JT where title is regd in joint names
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Martin v Martin (1987)
A TIC emerged as the words ‘in equal shares’ were used
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Roy v Roy (1996)
If the parties declare themselves to be JTs or TICs, this will usually be decisive
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McDonald v Morley (1940)
If the JTs agree that on death their shares will pass to their next of kin, this will be a severing event
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Slater v Slater (1987)
The parties must have reached a definite understanding and a fixed mutual attitude to sever
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Marshall v Marshall (1998)
No severance of a beneficial JT arises simply from an agreement to put the prop on market
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Williams v Hensman (1861)
The JTs can all act together and effectively agree to sever the JT – more informal than acting upon one’s own share and does NOT need a valid contract/writing
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Hunter v Babbage (1995)
Severance operates independently of the agreement and where one party dies before the agreement has been implemented, this does NOT prevent severance
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Burgess v Rawnsley (1975)
If the JTs agree that on sale the proceedings should be divided (whether equally or unequally) a TIC will immediately arise
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Re Dennis (1996)
The alienation may be involuntary e.g. where the interest in the JT passes to a trustee in bankruptcy on insolvency
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Gould v Kemp (1834)
Acting upon one’s share must occur inter vivos and cannot thus be effected by will
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Re 88 Berkeley Road (1971)
A notice which has been posted, but not received remains effective for purposes of s 36(2)
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Kinch v Bullard (1998)
There was severance despite fact that the husband never actually received the notice
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Re Drapers Conveyance (1969)
The issue of a summons by a wife claiming a sale of the matrimonial home amounted to notice for purpose of s 36(2)
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Harris v Goddard (1983)
No severance occurred where a divorce petition had been severed on a husband which merely stated that an order might be made at a future time in respect of a matrimonial home
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Re K (Deceased) (1985)
Justice of case required the effect of the forfeiture rule to be modified
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Cleaver v Mutual Reserve Fund (1891)
A person cannot benefit from his crime so that if one JT unlawfully kills another, he cannot take any benefit by way of survivorship
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Greenfield v Greenfield (1979)
The conduct must fall short of a legally binding express or implied agreement but must show an unambiguous, common intention to sever
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Harris v Goddard (1983)
Inconclusive negotiations re disposing of the co-owners’ respective shares will NOT operate to sever JT
25 of 26
Re Wilford’s Estate (1879)
Mutual wills can only sever JT by the intention
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Other cards in this set

Card 2

Front

4 unities: unity of possession; interest; time; title

Back

AG securities v Vaughan (1990)

Card 3

Front

Court could hold that there is a TIC even where there is a declaration that they hold the legal title as JTs, however, this is only with intimate relationships- not commercial ones

Back

Preview of the back of card 3

Card 4

Front

There is an equitable presumption against a JT where there is a commercial relationship

Back

Preview of the back of card 4

Card 5

Front

Where prop is regd in one co-owner’s name and the purchase money is provided in unequal shares, a TIC in proportion to the share of the money advanced is presumed

Back

Preview of the back of card 5
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