Co-Ownership 2 types of co-ownership Severance of a joint tenancy Co-owners & TOLATA 1996 Purchasing property from co-owners

2 types of Co-Ownership Trusts of Land and Appointment of Trustees Act 1996. Trust of Land: Joint Tenants Tenants in Common

Joint Tenants The ‘Four Unities’ Time Title Interest Possession Bull v Bull [1955] 1 QB 234

Joint Tenants Words of severance Survivorship Payne v Webb (1874) LR 19 Eq 26 Lewen v Dodd (1595) Cro Eliz 443 Peat v Chapman (1750) 1 Ves Sen 542 Survivorship

Tenants in Common Unity of possession Equitable presumptions: Bull v Bull [1955] 1 QB 234 Equitable presumptions: Unequal contributions to the purchase price Speculative nature of ownership Money advanced on mortgage by joint mortgagees Premises held for more than one business purpose Malayan Credit Ltd v Jack Chia – Mph Ltd [1986] AC 549

Position in Law & Equity Law (JT) Equity (JT/TIC) S.34(1) & (2) LPA 1925 S.36(2) LPA 1925

Severance of a Joint Tenancy Reasons for severing Joint Tenancy: survivorship S.36(2) LPA: Notice in writing Do such other acts or things…effectual to sever the joint tenancy Williams v Hensman (1861) 1 John & H 546 Equal shares on severance Goodman V Gallant [1986] Fam 106

Severance of a Joint Tenancy A,B,C,D A,B,C,D A,B,C,D A B,C,D B,C,D B,C,D, B,C,D X B,C,D

Severance of a Joint Tenancy B,C,D B,C,D C CD X C CD

Notice in Writing How serve? S.196(4) LPA: Registered/recorded delivery letter S.196(3) LPA: Leave last known place of abode Re 88 Berkeley Road NW9 [1971] Ch 648 Kinch v Bullard [1999] 1 WLR 423 Grindal v Hooper [1999] EGCS 150

Williams v Hensman “A joint tenancy may be severed in three ways, in the first place, an act of any one of the persons interested operating upon his own share…secondly a joint tenancy may be severed by mutual agreement. And in the third place, there may be a severance by any course of dealing sufficient to intimate that the interests of all were mutually treated as constituting a tenancy in common.”

Williams v Hensman ‘An act..operating upon his own share’ Sale Bankruptcy Mortgage First National Securities v Hegarty [1984] 1 All ER 139

Williams v Hensman Mutual Agreement Course of dealing Express Implied Burgess v Rawnsley [1975] 1 Ch 429 Re Woolnough [2002] WTLR 595 Course of dealing “It is sufficient if there is a course of dealing in which one party makes clear to the other that he desires that their shares should no longer be held jointly but be held in common”

Co-Owners & TOLATA 1996 Sale Consultation (s.11) Court order sale (s.14) Factors court must take into account (s.15): Intention of persons who created trust Purpose for which trust property held Welfare of any minors Interests of any secured creditors/beneficiary

Co-Owners & TOLATA 1996 Sale Mortgage Corporation Ltd v Shaire and others [2000] EGCS 35 Bank of Ireland Home Mortgages Ltd v Bell and Bell [2001] 2 FLR 809

Co-Owners & TOLATA 1996 Right to occupy land Right to occupy (s.12) Exclusions & restrictions on right to occupy (s.13) Have regard to intentions of person who created trust Purpose for which the land is held Wishes of all beneficiaries who entitled to occupy

Purchasing Property from Co-Owners Overreaching provisions Valid receipt for purchase money Sale by sole surviving joint tenant Registered land Restriction on the register? Unregistered land Law of Property (Joint Tenants) Act 1964 Memorandum of severance?