Co Ownership, Problem Question Explained Land Law Essay

1949 words - 8 pages

Co-ownership problem question
In December 2000, Burton, Henry and Lester purchased Number 7, Clarendon Park Lane, Leicester, where they all lived with Lester’s daughter Alison. Burton provided 90 per cent of the purchase price and Henry and Lester each provided 5 per cent. The house was conveyed to the three of them as “as joint tenants in law and equity”.
Last Tuesday evening, a heated argument broke out over whose turn it was to wash the dishes. Burton announced that he couldn’t bear to live with the others a moment longer and offered to buy out Henry and Lester. Henry agreed to this immediately and promised to visit his solicitor about this the next morning. Lester replied that he didn’t want to move and would rather buy out Burton himself. Burton rejected this idea and another heated debate ensued. Around midnight they retired to bed leaving the matter unresolved. The next morning, Burton and Henry were found dead in their beds.
The police are investigating the deaths and suspect that Lester may have murdered Burton and Henry. Burton and Henry both willed all their property to their friend Jean. Jean believes she is entitled to a 95 per cent share in Number 7 and would like the house to be sold, in order that she can pay off various debts. Lester believes he is now the absolute owner and has no intention of selling the house.
· A trust of land arises where there are concurrent interests in land (i.e. where more than one person holds interests in the land at the same time). Accordingly, the persons holding the interests are co-owners. Today, for practical purposes, there are two types of co-ownership – joint tenancy and tenancy in common. In cases of co-ownership it is vital to distinguish between ownership at law and ownership in equity.
· Since 1 January 1926, the legal estate in the case of co-owned land must be held on a joint tenancy – s.1(6) LPA 1925. Here, the legal estate will be so held by Burton, Henry and Lester
· Although the legal estate in co-owned land must always be held on a joint tenancy, the equitable interest can be held on either a joint tenancy or a tenancy in common. In determining how the equitable interest is held, the general rule is that a grant to two or more persons without words of severance (words in the grant which show that the tenants are each to take a distinct share in the property) creates a beneficial joint tenancy. To this rule there are two qualifications:
· First, there are certain circumstances in which equity will presume that a TIC was intended unless there was an express indication to the contrary. Second, a JT cannot exist without the presence of the four unities – time, title, interest and possession. On the facts there are no words of severance here.
Unequal contributions:
· One of the circumstances in which equity may presume a TIC was intended is where, as here, the co-owners purchasing the property have put up the purchase money in unequal contributions. Here, we...

Other Essays On Co-ownership, problem question explained - Land Law - Essay

land law essay that has adverse possession - kent - essay

3669 words - 15 pages personal rights · They did not have the full ownership which meant they did not have the right to give the right to ms. Scott · Hales judgement (96, 116, 122) picking holes in the argument- dissenting****** exam question rebuttal for overriding interests 2016 exam question ‘It is important to bear in mind that the system of land registration is merely conveyancing machinery. The underlying law relating to the creation of estates and interests in

Wills and trust, a problem style essay - The OU - Problem style question

2137 words - 9 pages Essay to a problem question on wills and trust. Dear Mr York, I write concerning your voicemail requesting my advice on the validity of the dispositions you intend to make in your will drafted by Cheap ‘n’ Eazy Bespoke Wills Limited. I confirm receipt of the will, flyer and letter from Cheap ‘n’ Eazy Bespoke Wills Limited and the client information you provided them. You asked me to consider the dispositions in clauses 3, 4 and 5 of your will

Legal Studies essay - Law reform concerning Indigenous Land rights - Legal studies - essay

1221 words - 5 pages To what extent has law reform addressed the concerns of Indigenous Australians, in regards to land rights? To a certain extent, progression of land rights for Indigenous peoples has been addressed through law reform. Their concern, according to Ross Watson, a Murri from the Dawson River, is founded in the significance of land as a ‘spiritual and economic base’, and land rights as ‘an opportunity to once again become a self-determining people

dbq revolutions about different wars - us history - essay

1140 words - 5 pages ? ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Document #2 · How was the relationship between population and land ownership one of the causes of the French Revolution

Right to Bear Arms, Gun Control debate and the Second Amendment - Government - Final Paper

2437 words - 10 pages that gun control is a problem which has a vastly negative effect on our society and as a result, assessment of the Second Amendment should be conducted and the meaning for the right to bear arms must 3 be reevaluated to benefit and protect all. Those who are in support of stricter gun control legislation have contended that limits are crucial on gun ownership, including who can own and operate them, where they can be carried and what types of

Why is Bastion Point Significant to New Zealand? - History - Essay

4807 words - 20 pages was fragmented with small blocks of land sometimes even having hundreds of owners. Which were all descended from one of the original owners who had gained the title from the Maori Land Court (Originally name the Native Land Court). The Maori Land Court was set up in 1865, this was with the intention of getting rid of the communal ownership of the Maori land so that it could be more simply sold. The Maori Land Court placed title for land in the

This paper helps people to understand gun issues - English 102 - Essay

1183 words - 5 pages endangering us? The push to begin a movement that bans all guns has enraged fellow gun enthusiasts. “Gun control advocates, for the most part, want to change laws. Gun -rights advocates, by and large believe they are preserving essential truths that make the country what it is.” (“Why Americans won’t give up their guns”. Oct 6. 2017). This article clearly denounces the fact that gun ownership in America is a problem. Fact of the matter is, people who own

Intergrate business perspective report - UTS - Report

3541 words - 15 pages over the place live music holds within suburban Sydney. Generally speaking, it would be safe to say that Sydney’s live music scene has been teetering on the brink of collapse within the last decade. However, a fair and important question to ask would be ‘Why does this matter?’ It matters for several key reasons, some of which will now be explained further. Firstly, Sydney’s live music scene has been, both literally and figuratively, the

A review of “Indigenous remain ‘asset rich, dirt poor’ 25 years after Mabo”. - ANU - literature review

1115 words - 5 pages balanced evaluation of Stephine’s article. Tracing back to 1992, the Mabo case on native title rights was passed by the Hight Court of Australia. The High Court put forward two principles that offered hope for Indigenous people. The first principle is that the Aboriginal people should have title rights to their land in respect to their custom; the law recognises the existence of indigenous customs through their relationship with the land

beginner to economics helps you understand the beginning chapters - econnomics - homework

2555 words - 11 pages .  Law. 8. Macroeconomics can best be described as the:  A.  analysis of how a consumer tries to spend income. B.  study of the large aggregates of the economy or the economy as a whole. C.  analysis of how firms attempt to maximize their profits. D.  study of how supply and demand determine prices in individual markets. 9. Normative statements are concerned primarily with:  A.  facts and theories. B.  what ought to be. C.  what is. D.  rational

Five year plan by using Strategic plan with weakness and strength - BADM450 - essay

503 words - 3 pages BADM 450 Midterm essay MW 4pm-5:15pm Five-year strategic plan A personal strategic plan is a living document and it can also be defined as your doorway to future. A personal strategic plan provides a basis for decision making and standards by which you live. By creating a personal strategic plan, it helps you to maintain a balance in each area of your life, which makes you to act more effective as a leader, spouse, friend, parent and as a

Similar Papers

Land Law Essay Problem Question University Of Kent, Second Year Research Paper

1880 words - 8 pages garden in which he profits from furthermore in the case of Chambers v Havering LBC[footnoteRef:18] it was established that fencing in order to prohibit others from the space in question as graham has done would also suffice. [16: 2003] [17: 1958] [18: 2011] Another issue tobe considered is if the issue of Teresa having future aspirations to develop the land however did not apply for the planning permission at the time may prohibit Graham’s

Contract Law Essay, Problem Question, Agreement Contract Law Problem Question

1126 words - 5 pages invitation to treat. In the case of Carlill v Carbolic Smoke Ball Co. [1892]2 where the offeror displayed an advertisement saying that £100 would be paid to anyone who could, use their smoke ball product for 2 weeks and then contract influenza. The offer stated that £1000 had been deposited in a bank, and the address of that bank was given. Mrs. Carlill followed the instructions and contracted influenza but the Carbolic Smoke Ball company refused

Law Of Tort Occupiers' Liability And Psychiatric Harms Assignment Problem Question

2253 words - 10 pages person who has a lawful right to be in the premises (implied permission).[footnoteRef:1] A trespasser is a person who goes on the land without an invitation (presence is unknown to the occupier or object to).[footnoteRef:2] [1: John Coke, Law of Tort, 13th edn published 2017, Pearson Education Limited, p. 244] [2: Ibid. p. 252] A premise is defined as ‘any fixed or moveable structure, including any vessel, vehicle or aircraft’.[footnoteRef:3

Problem Question On Child Law With Detailed Plan Undergrad Child Law

474 words - 2 pages CHILD LAW ASSIGNMENT PLAN STATE the law, EXPLAIN the law and APPLY the law · What are the judges going to rely on? The courts stand point. Always decide who the parent is first. Bring in human rights issues. Different acts apply to different bits Advise Salman 1. Parenthood and Parental Responsibility. · Who is a parent in law? Re G quote baroness hale on who is a parent. · Who is the mother? S 33(1) HFEA 2008 · Who is the father? Legal