Co-ownership and Severance

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  • Created by: Lara
  • Created on: 28-03-19 23:48
A.G. Securities v Vangham 1998
4 unities of a joint tenancy
1 of 20
Re Caines 1978
Right of survivorship
2 of 20
Pink v Lawrence 1977
Express words showing the tenancy held
3 of 20
Bull v Bull 1955
tenancy presumed by unequal contributions to purchase price
4 of 20
Lake v Craddock 1973
business co-ownership, presumption of tenancy in common
5 of 20
Stack v Dowden 2007
presumption that equity follows the law but can be rebutted
6 of 20
Harris v Goddard 1983
severance is 'separating the share of a joint tenant so that the concurrent ownership will continue but the right of survivorship will no longer apply and the parties will hold separate shares as tenants in common
7 of 20
Gould v Kemp 1834
severance must occur ding lifetime, not in a will
8 of 20
Re Berkley Road 1971 and Kinch v Bullard 1999
Severance by notice in writing, must be delivered, does not need to be seen or read
9 of 20
Re Draper's Conveyance 1969
held that summons and affidavit together were enough to cuase severance
10 of 20
Goodman v Gallant 1986
Written notice of severance
11 of 20
William v Hensman 1861
Common law methods of severance set out
12 of 20
First National Securities v Hegarty 1985
severance by alienation
13 of 20
Re Gorman 1990
severance by bankruptcy
14 of 20
Burgess v Rawnsley 1975
severance by mutual agreement
15 of 20
Hunter v Babbage 1994
severance by course of dealings, marriage disolution
16 of 20
Dunbar v Plant 1998
unlawful killing of co-owner will not cause severance between those involved
17 of 20
Mortgage Corporation v Shaire 2000
criteria court must take into account when deciding whether to make an order for sale or not
18 of 20
Re Raval 1998
sale postponed where one of co-owners was a paranoid schizophrenic
19 of 20
Re Bremner 1999
sale postponed where co-owner had terminal cancer
20 of 20

Other cards in this set

Card 2

Front

Right of survivorship

Back

Re Caines 1978

Card 3

Front

Express words showing the tenancy held

Back

Preview of the back of card 3

Card 4

Front

tenancy presumed by unequal contributions to purchase price

Back

Preview of the back of card 4

Card 5

Front

business co-ownership, presumption of tenancy in common

Back

Preview of the back of card 5
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