Co-ownership and trusts of land

What is co-ownership

Define Joint tenancy

Define Tenancy in common

What do joint tenents require to exist?

Which case established the 4 unities?

What are the 4 unities

What is the unity of possession?

What is the unity of Interest?

What is the unity of Time?

What is the unity of title?

Which 1 of the 4 unities must a tenancy in common have?

What is the right of survivorship?

what happens when a tenent in common dies?

There are two types of ownership under a trsut, what are they?

How many people can be the trustee of the property?

What is the equitable title?

How can en equitable title be held?

Which form of ownership can be severed?

Why would you want to sever a joint tenancy?

How do you sever a joint tenancy?
5 ways

Case which recognised those 5 ways of severing as being effective?

When can severence be done?

Does severence affect the legal title?

What happens when a severing tenant is also a joint tenant in law?

Modes of Severence

Where is severence by written notice set out?

Statue that says that service can be effected by leaving the notice at the last known place or business or abode of the recipient.

Case which says you can use ordinary post but you would still need to prove delivery?

statute which says that notice can be posted to the last known abode or business of the recipient using registered post.

Case which says that as long as there is evidence that the notice was served in accordance with s.196 the joint tenancy is severed even if the other joint tenant(s) dont receive the notice

Case which states that the notice doesnt need to mention severence?

more recent case on severence?

Case for severence at some time in the future is not effective?

what is An act of a joint tenant ‘operating on his own share’

Example of a joint tenant ‘operating on his own share?

Case which confirms bankruptcy severs a JT?

case on severence through Mutual agreement

Mutual course of dealing

Which act covers the powers and trustees of land in co-ownership?

Since when did trusts of land exist?

What does TOLATA do?

Where are the general powers of trustees set out in TOLATA?

Key features of TOLATA for trustees powers?

Where are the restrictions on a trustees powers set out in TOLATA?

In terms of the duty in s.11 to consult how are decisions made?

How do consents work within TOLATA?

What sorts of trust does the duty to consult in s.11(2) apply to?

What are the beneficiaries rights under TOLATA?

How does the Bens right of occupation work in s. 12 TOLATA?

What 2 requirements for the right of occupation to arise?

Where are the powers for the trustees to regulate the right to occupy contained?

What are the powers to regulate the right to occupy?

What conditions can a trustee attach to right of occupation under s.13?

What is the overriding condition of s. 13(7)?

Which section of TOLATA deals with disputes?

What can an order under s.14 do?

doctrine of continuing purpose?

Matters court will have regard to in considering a dispute?

What is the s.15(3) TOLATA addittion

What happens when someone is made bankrupt?

What happens if a trustee in bankruptcy applies for a s.14 TOLATA order?

What does the insolvancy act require of the court?

What does the insolvancy act require of the court after a 1 year postponement?

What are Exceptional circumstances?

Case where exceptional hardship has been found?