Land Law: Co-Ownership

?
What is co-ownership of land?
Co-ownership of land takes place through a trust, 'trust device' and is where two or more people hold equity in a property
1 of 28
How can co-ownership of land arise?
Express trusts, implied trusts and constructive trusts
2 of 28
What is an express trust?
This is where two or more people purchase or acquire land which is evidenced in writing which is signed by the parties declaring the trust
3 of 28
How is this normally achieved?
Through a Deed of Transfer, a TR1 form (if the land is registered) or an FR1 if the land is unregistered (therefore triggering a first registration)
4 of 28
What are the requirements for an express trust?
The express trust MUST be evidenced in writing signed by the parties, declaring the trust
5 of 28
What section is it stated in that an express trust must be in writing?
S53(1)(B) Law of Property Act
6 of 28
What is a resulting trust?
Resulting trusts arise by an operation of law and are exempt from any formality of writing
7 of 28
What section is it stated in that a resulting trust is exempt from formalities of being in writing?
S53(2) LPA
8 of 28
What are the circumstances where a resulting trust can arise?
Where the purchase of land is in another's name, or where land is conveyed by A to B 'on trust' but does not say who for
9 of 28
What does a 'purchase of land in another's name' mean?
Where land is conveyed to one person (A) but the purchase price is provided by another purchase (B), there arises a Presumed Resulting Trust in favour of the person providing the purchase money to the extent of his contribution
10 of 28
What can rebut a resulting trust?
Evidence of a loan or gift
11 of 28
What is a case example of a resulting trust?
Dyer v Dyer
12 of 28
What is a constructive trust?
They arise by an operation of law and are exempt from any formality of writing, and are imposed by the court to award co-ownership shares 'wherever justice and good conscience require it'
13 of 28
What does a party have to demonstrate to succeed in a constructive trust?
1. A common intention to have a beneficial interest in the property and 2. That they acted to his/her detriment on the basis of that common intention so that it would be inequitable for the party to be denied an interest
14 of 28
What is the difference between a constructive and a resulting trust?
Resulting: land is purchased in ones name and at that time another party contributes to the acquisition costs, whereas a constructive trusts tend to arise where a party contributes to the cost/mortgage payments during living there
15 of 28
How can a common intention requirement be inferred?
Through 'A' regularly contributing to paying the mortgage or making a cash contribution to the acquisition costs
16 of 28
What is a case example relating to a party contributing to mortgage costs?
Lloyds Bank v Rosset
17 of 28
What will NOT suffice as evidence of 'common intention' to share?
Loans and gifts: Spence v Brown
18 of 28
What is another way that a common intention can be inferred?
May be inferred from the parties 'whole course of conduct in relation to the property' e.g. substantial improvement works
19 of 28
What is a case example stating that common intention can be inferred from the whole conduct of the parties?
Stack v Dowden
20 of 28
What is another way a common intention can be inferred?
Where there is an 'express agreement to share the land'
21 of 28
What is detrimental reliance?
A party must show that they relied on the common intention to his detriment, which is normally a 'irrevocable change of position'
22 of 28
What does NOT amount to detrimental reliance?
Carrying out normal domestic duties such as cleaning, grocery shopping, washing
23 of 28
What is a case example of normal domestic duties not amounting to detrimental reliance?
Burns v Burns
24 of 28
What WILL amount to detrimental reliance?
Paying direct mortgage contributions to the purchase price or carrying out improvement works
25 of 28
What is a case example of what WILL amount to detrimental reliance?
Chun v Ho
26 of 28
What are the two ways to quantify the beneficial interest?
1. Where the parties have not expressly agreed the size of A's share. 2. Where legal title is held jointly.
27 of 28
What types of co-ownership are there?
1. Joint Tenancy. 2. Tenancies in Common
28 of 28

Other cards in this set

Card 2

Front

How can co-ownership of land arise?

Back

Express trusts, implied trusts and constructive trusts

Card 3

Front

What is an express trust?

Back

Preview of the front of card 3

Card 4

Front

How is this normally achieved?

Back

Preview of the front of card 4

Card 5

Front

What are the requirements for an express trust?

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Land Law: Co-ownership resources »