Land Law Chapter 5 "Owning Property with Someone Else"

Question	Answer
For joint tenancy to exist there must be "the four unities". What are these?	Possession - Each tenant entitled to land Interest - Interest of each tenant must be the same (Freehold/Leasehold) Time - Interests must arise at same time Title - Each tenant must gain title from same document
What is "overreaching?"	If only one surviving trustee but more than one beneficiary and trustee decides to sell, he will have to appoint a co-trustee to sell with him. The buyer then takes the land free of the interests of beneficiaries
Joint Tenancy & Tenants in Common. What happens when you die?	JT - Doctrine of Survivorship means that land will automatically pass to survivor TIC - % of land owned will form part of the estate and will be distributed according to the will
What is the only one of the four unities that applies to Tenants in Common?	Unity of Possession
How can a beneficial joint tenant sever their beneficial joint tenancy and convert it to beneficial tenant in common?	Notice in Writing (must have immediate intention) Does not have to be read, just served properly Other acts - Williams v Hensman An act of JT operating on own share ie - bankruptcy Mutual Agreement (Not nec in writing)
Name the 4 ways of terminating co-ownership	Sale Partition (Land divided) Union in a sole owner (if legal and eq interests become vested in 1 person) Only one trustee remains (ie on death)
Trust of Land arises under which act?	Trusts of Land and Appointment of Trustees Act 1996

Resource summary

	Created by Gary Rowland about 8 years ago