If purchase money in unequal shares then presumption that they are TIC in proportion to their contributions to the price
Bull v Bull
2 of 22
In business partnerships presumption that intention was NOT to hold as TIC
Lake v Craddock
3 of 22
Presumption can be rebutted if there's an express declaration in the transfer deed
Pink v Lawrence
4 of 22
Land bought for business, presumption of TIC
Malayan Credit v Jack Chia
5 of 22
JIT expressly stated on conveyance document
Goodman v Gallant
6 of 22
Severance by 'such other acts or things as would in the case of personal estate, have been effectual to sever the tenancy in equity'
Williams v Hensman
7 of 22
Written notice must be unequivocal and immediate in its effect
Harris v Goddard
8 of 22
Written notice does not have to be signed
Re Draper's Conveyance
9 of 22
Not possible to sever JIT by will
Re Caines
10 of 22
Creation of mutual wills by two sisters were effective in severing their beneficial interest
Re Wilford's Estate
11 of 22
Severance will be effective if notice is sent by recorded delivery, even if the recipient never sees the notice
Re 88 Berkeley Road
12 of 22
Unnecessary for co-owner actually to have read or received notice under s36(2), provided it's effectively served
Kinch v Bullard
13 of 22
Severance by mutual agreement; all JTT must agree
Wright v Gibbons
14 of 22
Severance by mutual agreement need not be written
Wilson v Bell
15 of 22
Mutual agreement can be inferred from conduct/discussions between the co-owners
Burgess v Rawnsley
16 of 22
Incomplete negotiations won't be sufficient to achieve severance by mutual agreement
Nielson - Jones v Fedden
17 of 22
Negotiations to sever may only amount to mutual agreement if parties express clean and unchanging intention to sever regardless of outcome of negotiations
Slater v Slater
18 of 22
In order to effect severance, a mutual course of conduct must be clear and unambiguous
Gore & Snell v Carpenter
19 of 22
Forfeiture rule waived if justice of the circumstances requires it
Re K
20 of 22
In absence of an agreement to the contrary, severing party will take an equitable interest in the property in equal shares, proportionate to number of co-owners
Goodman v Gallant
21 of 22
Exercising power under s14, court will take into account purposes for which the property was held
Jones v Challenger
22 of 22
Other cards in this set
Card 2
Front
Bull v Bull
Back
If purchase money in unequal shares then presumption that they are TIC in proportion to their contributions to the price
Comments
No comments have yet been made