form of co-ownership in which all the co-owners own the whole title to the whole land.
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What is severance?
conversion of a JT into TIC
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What is a tenancy in common (TIC)
a form of co-ownership in which the beneficial title is divided between the co-owners in separate shares.
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What is a trust?
an equitable doctrine dividing the legal ownership from the beneficial ownership
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Can a JT be legal and/or equitable?
Yes
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Can a TIC be legal and/or equitable?
Only equitable
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What are the 4 unities for a JT?
Possession; interest; title; time
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What happened in AG Securities v Vaughan [1990]
JT of a student flat failed as C's arrived at different times
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What is the right of survivorship?
As they are “one person” if one dies in a JT then the other becomes the sole beneficiary and retains all of the land, this is known as the right of survivorship. This is not available for TIC.
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What are the two elements for a TIC?
Requires the unity of possession; right of survivorship does not apply
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How many people can be in a JT?
no more than 4
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what are the conditions for being a legal JT?
Be willing, mentally competent and over 18
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When will a beneficial JT exist?
where one of the utilities is missing.
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What are the 3 circumstances in which equity can be presumed in a TIC
where one makes an unequal contribution; business partners acquiring land for business; lending money on a mortgage
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Does right of survivorship apply for TIC?
No
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What are the methods of severance?
Statutory; Common law; Operation of law
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what are the three methods from Williams v Henderson (1861)
Acting on a share; mutual agreement; course of dealings
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What are the three issues that must be considered in a notice of writing under s.36(2) LPA 1925
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