JTs are regarded together as making up a single legal entity
1 of 26
AG securities v Vaughan (1990)
4 unities: unity of possession; interest; time; title
2 of 26
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
3 of 26
Re Fuller (1933)
There is an equitable presumption against a JT where there is a commercial relationship
4 of 26
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
5 of 26
Lake v Craddock (1732)
The land is acquired by business partners as part of partnership assets a TIC is presumed
6 of 26
Stack v Dowden (2007)
General rule = presumption that there is a JT where title is regd in joint names
7 of 26
Martin v Martin (1987)
A TIC emerged as the words ‘in equal shares’ were used
8 of 26
Roy v Roy (1996)
If the parties declare themselves to be JTs or TICs, this will usually be decisive
9 of 26
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
10 of 26
Slater v Slater (1987)
The parties must have reached a definite understanding and a fixed mutual attitude to sever
11 of 26
Marshall v Marshall (1998)
No severance of a beneficial JT arises simply from an agreement to put the prop on market
12 of 26
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
13 of 26
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
14 of 26
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
15 of 26
Re Dennis (1996)
The alienation may be involuntary e.g. where the interest in the JT passes to a trustee in bankruptcy on insolvency
16 of 26
Gould v Kemp (1834)
Acting upon one’s share must occur inter vivos and cannot thus be effected by will
17 of 26
Re 88 Berkeley Road (1971)
A notice which has been posted, but not received remains effective for purposes of s 36(2)
18 of 26
Kinch v Bullard (1998)
There was severance despite fact that the husband never actually received the notice
19 of 26
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)
20 of 26
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
21 of 26
Re K (Deceased) (1985)
Justice of case required the effect of the forfeiture rule to be modified
22 of 26
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
23 of 26
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
24 of 26
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
26 of 26
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
Card 4
Front
There is an equitable presumption against a JT where there is a commercial relationship
Back
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
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