62953
Beschreibung
Mindmap von rhiannonfayemcdonald, aktualisiert more than 1 year ago
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Erstellt von rhiannonfayemcdonald
vor etwa 11 Jahre
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Co-Ownership
- Legal Ownership
- Always a Joint Tenancy!
- Always a Joint Tenancy!
- Equitable Ownership
- Can be Joint Tenancy or Tenancy In Common
- Which One?!
- 1. Are the 4 unities present?
- No
- T-I-C
- T-I-C
- Yes
- JT
- JT
- 2. Any express statements will be conclusive
(Goodman v Gallant)
- 3. Any words of severance?
- Yes
- "equally" "in equal shares"
"to be divided between"
- T-I-C
- T-I-C
- "jointly"
- JT
- JT
- "equally" "in equal shares"
"to be divided between"
- No
- 4. Are circumstances such that equity will presume T-I-C?
Business/unequal contributions
- Yes
- T-I-C
- Tenancy In Common
- Each owner holds his individual share of the land
- Share is quantifiable
but land is undivided
- Can do what they want with it
- Right of survivorship doesn't operate
so can leave in a will
- Can sell it or
give it away
- Right of survivorship doesn't operate
so can leave in a will
- Share is quantifiable
but land is undivided
- Each owner holds his individual share of the land
- Tenancy In Common
- T-I-C
- No
- JT
- Joint Tenancy
- All own land together (as a single owner)
- No owner can unilaterally dispose of his interest
- Unless he ends ends the JT
(can't sever legal ownership, but
can with equitable
- Means of severance:
- Statutory - written notice LPA'25 S.36(2)
- Operating upon his share
- Mutual Agreement
- Course of Dealing
- Statutory - written notice LPA'25 S.36(2)
- He (and only he) will become a T-I-C,
and able to dispose of share as he
wishes
- Means of severance:
- Unless he ends ends the JT
(can't sever legal ownership, but
can with equitable
- No owner can unilaterally dispose of his interest
- All own land together (as a single owner)
- Joint Tenancy
- JT
- Yes
- 4. Are circumstances such that equity will presume T-I-C?
Business/unequal contributions
- Yes
- 3. Any words of severance?
- No
- 1. Are the 4 unities present?
- Which One?!
- Can be Joint Tenancy or Tenancy In Common
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