Property Law Second Term - COOWNERSHIP Flashcards Preview

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Flashcards in Property Law Second Term - COOWNERSHIP Deck (62):
1

What has happened since Hegerty?

It was never applied in the case and academic doubt since

2

What section of what statute makes it clear there are only a max of four JTs at law?

S.34(2) LPA

3

What does unity of title have to be?

One document

3

What happens to a JT upon death?

Survivorship (jus accrescendi)

3

Courts no longer constrained by presumption of sale due to s.15 TLATA

Mortgage Corp v Shaire

4

What does a unity of interest have to be?

Same extent, nature and duration

4

How does not sever in written notice?

S.36(2) LPA, with rules on notice in s.196

4

Involuntary acts (bankruptcy) give notice from date of bankruptcy

Re Palmer

4

What is a statutory way to end coownership by removing unity of possession?

S.7 TLATA or court order (s.13 TLATA)

4

Re Draper's Conveyance

Immediate intention to sever

5

What is the effect of an act on a share, such that severance occurs?

Destroys one or more of the unities of possession

6

What section of what statute makes it clear there is only a JT at law?

S.36(2) LPA

7

Kinch v Bullard

Notice to sever need not be seen, just reached last known address

7

What does an act on a share include?

Insolvency

7

What happened in First National v Hegerty?

Forged wife's signature for legal charge - severance

8

Consider welfare of minors under s.15 TLATA

White v White

10

Anneveld v Robinson

Secured creditors interest - large mortgage. S.15 TLATA

10

What two radical reforms to severance did the Law Com suggest?

Limit to statutory method or enable severance by will

10

What did Smith argue about JT?

Abolition will not help as TC still requires updating of a will

11

Mortgage Corp v Shaire

Courts no longer constrained by presumption of sale due to s.15 TLATA

12

What does the Bodies Corporate (JT) Act 1899 cover?

If one JT might never die (a corporate body)

13

S.13 TLATA

compensation if one coowner is excluded

13

What is needed to create a joint tenancy in a leasehold/freehold?

S.52 LPA and s.1 LP(MP)A, and registration for lease if over 7 year (s.27(1) LRA)

15

What are the four unities?

Possession, title, time and interest

16

S.8 TLATA

Limitations when trust is express

18

Re Palmer

Involuntary acts (bankruptcy) give notice from date of bankruptcy

19

s.7 TLATA

Partition of land to end coownership

20

S.11(1)(b) TLATA

Beneficiaries have a right to be consulted

21

What two cases can be contrasted to see whether a notice evinces an immediate intention to sever?

Re Draper's Conveyance and Harris v Goddard

23

S.15 TLATA

Matters to which courts have regard when determining applications

24

Re Dennis

Act on share includes insolvency

25

What did Dixon say about s.15?

Indications of a general approach, acting as an 'aid to the exercise of discretion' in determining intention

27

What are the two overarching ways to sever a JT?

Unilateral and universal

28

Law Com, "Trusts of Land" about what?

Two possible radical reforms to severance

29

Harris v Goddard

Need an immediate intention to sevr

30

What sections of TLATA outline the beneficiaries powers/rights?

S.11, 12 and 15

31

What did Pasco argue?

S.12 TLATA right to occupy is consistent with method of trust emphasising use, not investment, value

33

Secured creditors interest - large mortgage. S.15 TLATA

Anneveld v Robinson

35

What is it called to end a JT?

Severance

36

What section of the LPA notes what to do if there is uncertainty about the order of death?

S.184 LPA

37

Saunders v Vautier

Sole beneficiary of full age and capacity can insist on legal title

39

Burgess v Rawnsley

Misunderstanding, mutual agreement

40

What case shows a notice which gave an immediate intention to sever?

Re Draper's Conveyance

41

One way to sever JT universally

Mutual conduct/agreement

42

S.13 TLATA on removing unity of possession

Excluding other tenants

44

What does Rodway v Landy show?

S.13 power to exclude from parts - divided up the land

46

Antoniades v Villers on unity of title

Multiple documents are one if done for the 'wrong reason'

47

What section of TLATA states compensation if one coowner is excluded?

S.13

49

Two ways to sever JT unilaterally

Written notice or acting on his share

50

S.12 TLATA

Beneficiaries have a right to occupy

51

What is the unity of time?

Interests need to arise at the same time

52

S.12 TLATA

coowners cannot exclude each other

53

What section of TLATA states how coowners cannot exclude each other?

S.12

54

Voluntary dispositions resulting in partial temporal alienation may still sever

First National Security v Hegerty

55

What happens to a TC upon death?

Will/intestacy

56

White v White

Consider welfare of minors under s.15 TLATA

57

Why did McFarlane criticise Law Com "Trusts of Land"?

Reforms 'provide polarised responses that strengthen or weaken' survivorship

58

Rodway v Landy

Doctors surgery

59

First National Security v Hegerty

Voluntary dispositions resulting in partial temporal alienation may still sever - forging wife's signature to get a legal charge

60

S.6 TLATA

General powers of trustees

61

What is it called if one JT kills the other?

Forfeiture

62

What sections of TLATA outline the trustees power/duties?

S.6, 8 and 13