Land - Co-ownership Flashcards Preview

Land > Land - Co-ownership > Flashcards

Flashcards in Land - Co-ownership Deck (42)
Loading flashcards...
0

Stack v Dowden

Presumption of JOINT TENANTS in domestic situations .

1

Jones v Kennott

Domestic situations may change over time. Important to take into account intention and size of contributions. Resulting trusts not appropriate. Become TENANTS IN COMMON (severing with unequal shares is unanswered).

2

Malaysian Credit Ltd v Jack Chia MPH Ltd

Presumption of TENANTS IN COMMON in commercial contexts.

3

Lake v Gibson

Presumption of TENANTS IN COMMON where unequal contributions are made. Approved by Bull v Bull.

4

Morley v Bird

Presumption of TENANTS IN COMMON where a share has been mortgaged or granted to a secure loan

5

Goodman v Gallant

Severing JOINT TENANT beneficial interests will result in TENANTS IN COMMON with equal shares.

6

Ways to sever JOINT TENANT beneficial interest

1) Notice in writing - clear, served on all Joint Tenants at last known address by recorded delivery 2) 3 ways identified under Williams v Hensman 3) Forfeiture - cannot benefit from crime (Estate of Hall principle applied in Dunbar v Plant)

7

88 Berkeley Road

Notice to sever is valid even if not received

8

Ways to end co-ownership

1) Partition 2) Sale and division of proceeds 3) Union of interest (death of other joint tenants or by agreement)

9

Williams v Hensman

Identified 3 other ways to sever the JOINT TENANT beneficial interest: 1) operating under own share destroying the 4 unities, alienation via mortgage, declared bankrupt (share passes to mortgagor) 2) mutual agreement (supported by Burgess v Rawnsley) which is unenforceable but evidence of intention to sever which is enough (confirmed in Hunter v Babbage) 3) interests of all are mutually treated as being TENANTS IN COMMON (obiter dicta in Burgess v Rawnsley).

10

Harris v Goddard

Severance must be immediate

11

Tizard

Trust imposed when interest acquired due to conduct (eg contribution to purchase price)

12

Selling the property

- seek an order for sale from courts (TOLATA ss14, 15) - cannot exclude from property even if beneficial interest v legal - Bull v Bull - need court order (see 1) - can be made to pay rent to other co-owners TOLATA s 13 if required to balance in equity (supported in Stack v Dowden)

13

Bedson v Bedson

"share" for tenants in common is proportionate to the number of joint tenants prior to severance

14

Flegg

Equitable interests can be overreached if certain conditions are met - disposition to 2+ trustees, signed by all trustees, capital monies paid to all trustees

15

Kinch v Bullard

If severance sent by registered post - shall be deemed severed when would in the ordinary course be delievered

16

Greenfield v Greenfield

Physical division of land does not evidence an intention to sever

17

Buchanan-Wollaston's conveyance

Purpose of the original trust will be considered by courts before order for sale granted. Supported by Re Evers (both prior to TOLATA)

18

Bell

Age of children will be relevant

19

Marshall

Old cases prior to TOLATA will still be considered Conflicts with Shaire - obiter s15 TOLATA inclusive - should be used instead of old law. Questionable!

20

Dennis v McDonald

Court may make order regulating right to occupy property - pay rent to other co-owner

21
1

Presumption of JOINT TENANTS in domestic situations .

Stack v Dowden

22
1

Domestic situations may change over time. Important to take into account intention and size of contributions. Resulting trusts not appropriate. Become TENANTS IN COMMON (severing with unequal shares is unanswered).

Jones v Kennott

23
1

Presumption of TENANTS IN COMMON in commercial contexts.

Malaysian Credit Ltd v Jack Chia MPH Ltd

24
1

Presumption of TENANTS IN COMMON where unequal contributions are made. Approved by Bull v Bull.

Lake v Gibson

25
1

Presumption of TENANTS IN COMMON where a share has been mortgaged or granted to a secure loan

Morley v Bird

26
1

Severing JOINT TENANT beneficial interests will result in TENANTS IN COMMON with equal shares.

Goodman v Gallant

27
1

1) Notice in writing - clear, served on all Joint Tenants at last known address by recorded delivery 2) 3 ways identified under Williams v Hensman 3) Forfeiture - cannot benefit from crime (Estate of Hall principle applied in Dunbar v Plant)

Ways to sever JOINT TENANT beneficial interest

28
1

Notice to sever is valid even if not received

88 Berkeley Road

29
1

1) Partition 2) Sale and division of proceeds 3) Union of interest (death of other joint tenants or by agreement)

Ways to end co-ownership