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Land Law Co Ownership Essay Writing

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LAND LAW Essay by

Mr .George Anderson

23. Highbury Grove

Dear Mr .Anderson

Sub. Sale of a part in your Garden admeasuring to __ sq .yds legal issues involved

A complete guide of garden rules is available at www .Gardenlaw .co .uk. An epitome of some of the important matters concerned to you. are being enlisted below for your perception as well suitable claims of rules The preparation of Title Deed carries all the governing terms and conditions of Neighbouring Land Act 1992

Weeds Act of 1959. and Noise Act 1996. Title Deed must be drafted exceptionally in detail to avoid discrepancies. damages /loss arising thereof. Some of the issues that invite your attention are

Fences and walls. A T-shaped mark within the boundary is privileged by owner of demarked area. A double-T shaped mark indicates the share of the boundary

Moving boundaries. `Squartters rights existing in England. Ireland and Wales indicate that if a boundary has been moved for 12 years. neighbour is entitled for ownership. This is subject to investigation of HM Land Registry

Trees. Trees are to be protected by Tree Preservation (TPO check whether your area is within the purview of conservation of trees. as it is required to issue a notice of six months before pruning /cutting of trees. Non compliance of rules will attract the levy of penalties for falling of branches on electricity wires. obstructing pedestrians or hanging on a highway road

Tackling Neighbour. This is a societal aspect and it requires a formal demeanor and handle neighbour with a moto `love thy neighbour as thyself

Apart from the above. legal right to light. bonfires. noise pollution can be administered with the covenant of Title Deed

derive the full advantage of HM Land Registry. for sale of garden with accurate admeasure and demarcation of boundaries facing your built-in land [North. East. West. South. NEWS ]

Construction of Studio and house. do not in anyway contradict your security of property or the privacy of your status. as long as the proceeds of sales have reached your bank account in registration is in accordance with the provisions of Land Registration Act 1988

A clear and concise Title Deed of sale from an experienced solicitor is necessary. Also enclosing a sample deed for your ready reference

encl :sample title deed

Note on Legal points

Once the deed of sale is registered in the name of Ms .Brown. she receives the title of property as well would become a neighbour of Mr .Anderson. Ms Brown and Mr .Anderson are entitled to enjoy the benefits of land. garden as well must adhere to the terms and conditions of access of the Neighbouring Land Act. 1992 in respect of demolition /construction /renovation that take place from time to time Both the Vendor and Vendee shall strictly hold the good of Title Deed which states about the post-sale issues and how it should be dealt with. References

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How to Answer a Co-Ownership question in Land Law

How to Answer a Co-Ownership question in Land Law

A co-ownership question will always ask you two things:

· Trace the devolution of the legal and equitable interests

· Advise the remaining parties who are usually in a dispute if they can sell or occupy the land.

After 1996 = s.1 TOLATA, trust in land.

2 important differences: - joint tenant - tenancy in common.

*Joint tenants are what you will usually start with. This is the type of tenants that own the land jointly and equally (no one can later be added to this list).

For there to be joint tenants you must have the four unities:

1. Unity of time (Same time)

2. Unity of title (e.g. wills/sales/transfers)

3. Unity of possession (e.g. You can’t say I own the 1 st floor)

4. Unity of interest (e.g. if the land is leased out they would split the rent equally no one person would get more of a share.)

· The first four people named hold the estate on trust for the remaining parties.

NB:// Cannot be a trustee under 18, thus it will be the next person named.

*Tenants in common, these are those with an equitable interest (Joint tenancy automatically gives you an express equitable interest – it is those entering the q later who join this list).

Events to look out for:

1) Death – Survivorship applies, cannot pass JT in will. The remaining share the %.

2) Mortgage – Cannot sever legal estate, change to T in C, those who mortgage their share will share T in C with bank.

3) Sell to a 3 rd party – Cannot sever legal estate, change in T in C, sellers equitable % goes to buyer.

4) Buyer dies – Only change to T in C, those left real property to get equitable %.

5) Mutual agreement – e.g. to change JT’s. Must be between all parties.

6) Written notice?

Usually 3 scenarios:

1. Some partners want to sell

2. Bank/Mortgage wants to sell

3. Someone wants to stop a sale

In all scenarios:

Have to have at least 2 parties’ makings the sale.

If a sale went through the concept of overreaching would occur – purchasers to take the land free.

Actions under TLATA:

· Section 6 (5 ): Trustees have to have regards to the interests of beneficiaries

· Section 11. consult the beneficiaries, and give effect to majority (re to sale)

· Section 14. Right to make an application to the court

- This can be to force sale - Or for postponement of sale.

· Section 15. The court will look at the 5 factors under the act:

1. Intention of creator of trust

2. Purpose for which the property is held

3. Welfare of minors in occupation

4. Interests of secured creditors

5. Wishes of adult beneficiaries in occupation.

1. Oke v Rideout: Sec 15 factors are important but not exclusive

2. TSB v. Marshall: Creditors preferred unless exceptional circumstances

3. Achampong: Creditors preferred even when there was a disabled beneficiary in occupation

4. Bank of Ireleand v. Bell: Creditors should not be kept from what is rightfully theirs.

5. Chun v. Ho: Family interests are preferred where minor children are involved.

Land Law Conveyance

Land Law Conveyance

Autor: Elaine Loh Yilin • January 30, 2016 • Essay • 1,309 Words (6 Pages) • 99 Views

Whether or not Paul can evict George at will after Rose has passed on i.e. Does Paul retain an interest in the property? Would he be a licensee at best? What type of license will he fall under? Did he contribute or indirectly contribute in monetary or non-monetary term to the house? Did Rose, his daughter, make any promise to him before she passed on? Can Gorge be evicted without reasonable notice? Does Paul have to compensate Paul for evicting him? Can George argue to stay in the flat or demand for compensation?

Equitable interest; Occupier who name does not show up on title deed i.e. shows up 'off the area register' may have a few rights in value of decency, equity and good conscience. While not a legitimate interest, this is the place the law ventures into alleviate the harshness of the circumstance.

Joint Tenancy; Co-ownership of legal title can only be through a joint tenancy ( s. 1(6) Law of Property Act 1925 ) A type of ownership of real or Personal Property by two or more persons in which each claims an undivided interest in the whole. In land law, joint occupancy is a phenomenal kind of ownership by two or more persons of the same property. The people, who are called joint tenants, offer equal obligation regarding property and have the proportional, brought together right to keep or toss the property. Joint tenure makes a Privilege of Survivorship. This benefit gives that if any of the joint occupants kicks the bucket, whatever is left of the property is exchanged to the survivors.

Trust; Individuals may control the dissemination of their property in the midst of their lives or after their going through the use of a trust. There are various sorts of trusts and various purposes behind their creation. A trust may be profited related point of preference of the individual making the trust, a surviving mate or minor children, or a beneficent reason. Regardless of the way that a grouping of trusts are permitted by law, trust course of action that are attempts to keep away from leasers or legitimate commitments will be broadcasted void by the courts.

In Bull v Bull [1955] the fact of this case is that a mother and son purchased a house. The son contributed more than the mother and soon the son became the sole legal owner of the house. They came to an agreement that his mother only occupies two rooms of the house, later he then have disputed to that matter and wishes to evict his mother so that he could sell the house away.
The court held that the mother could occupy the house while pending sale as the property was held to be on trust by the son for both himself and his mother. Lord Denning added fairness to this case for the trust of the sale system.

Land Law revision Essay - 1106 Words

Land Law revision

CO-OWNERSHIP (FAMILY HOME)

***C can claim a right to occupy home by
(i) proving she has a property right (TRUST)
(ii) statutory (automatic) right to occupy for spouse/civil partner (s30 Family Law Act 1996), irrespective of holding a property right (right to occupy can be applied by former spouse/civil partner/cohabitant s35 FLA)

1) Express declaration of legal & beneficial ownership
conclusive but must be in writing s53(1)(b) LPA 1925
TR1 form also okay, but not conclusive
2) sole legal owner
RESULTING TRUST
contribution to initial purchase price, but not suitable in domestic context (Stack v Dowden) unless 2 people have lived and worked together that have amounted to both an emotional & commercial relationship crystalises at point of purchase

financial contributions are presumed to give contributor a share in BI, presumption rebutted if contribution intended to be loan or gift (father paying deposit for son, eg) But since RT is limited in domestic context, the contribution can be instead seen as evidence of inference of creation of constructive trust RT overlaps with implied CT because both may arise on the basis of direct financial contribution. But in fact, both are mutually exclusive because interests are quantified in different ways: RT - in proportion to financial contribution (-ve basis that C X intend contribution as a gift) CT - by reference to common intention of parties (+ve agreement between parties to share BI) domestic context - direct financial contributions infer parties' common intention for a CT commercial context - direct financial contributions means RT4 CONSTRUCTIVE TRUST

The specific type of CT used is the COMMON INTENTION CONSTRUCTIVE TRUST. (divided into express agreement CT and inferred agreement CT) parties' agreement (express/inferred) to share BI, plus agreement relied on to C's detriment. BI then shared according to common intention (express/implied CT) EXPRESS - evidence of express discussion, but need not be.

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Land Law and Equity Problem

Land Law and Equity Problem

Published: 3rd October, 2016 Last Edited: 16th November, 2016

This essay has been submitted by a student. This is not an example of the work written by our professional essay writers.

LAND LAW AND EQUITY PROBLEM

Co-ownership is where two or more people simultaneously enjoy the responsibilities and rights of owning a property. From first January 1926, there exist two manifestations of Co-ownership specifically joint tenancy and tenancy in common.[1]

Joint tenancy exists where four co-owners simultaneously enjoy the responsibilities and rights of owning a property. According to the law, joint tenants are considered as one person who is possessing the entire property. This is to say that they have no distinct shares in the property. Therefore, none of them can dispose their individual interest in the property through a will if they pass away. However, they enjoy the right of survivorship which occurs if one of them dies and the surviving tenants assume the interest rights left behind by the deceased.[2]

Tenancy in common exists where two or more co-owners each have a distinct share of a property. They can therefore, dispose of their share of the property throughout their lifetime or when they pass away. Furthermore, these distinct shares are only a percentage of the property and not physically separated, rather it is an undivided share. Consequently, they each have a right to possess the entire property since the share is not divided. Nevertheless, none of them can exclude another from a given part of the property.[3]

  1. Advice for their interest in the cottage

First of all, the five are joint tenants since they declared to have held title in trust for themselves. Additionally, legal property is held on trust for each other only in joint tenancy[4]. The five now are joint tenants with only the first four being recognised as the legal co-owners of the cottage[5]. This is only so if the first four joint tenants are of full age and able to become trustees[6]. The reason being that for a valid joint tenancy, there must exist four trustees who hold title to the cottage under a single document. Therefore, in view of the law none of them can dispose of their share of the cottage in a will. This is because of the way joint tenancy is considered to be owned by a single entity not unless the joint tenancy is severed.[7]

Uniquely, joint tenancy starts and ends on the same date for all of them. Therefore, in case one of them is deceased, the cottage will lawfully belong to the four surviving tenants through survivor-ship right. This happens as long as the joint tenancy was not severed before the tenant’s death [8]. If the joint tenancy was severed before the death, then the tenant can transfer his/her share through a will or conveyance can be carried out as per the intestacy rules of the state[9] .

Joint tenancy satisfies all the four unities namely possession, interest, time and title[10]. If any of the unities is broken then a tenancy in common exists instead[11] .

Possession is where the co-owners are equally entitled to the whole property. This means that restriction must not exist on the property use by the co-owners. In addition, no physical property division to each joint tenants share can be there. In the case of the cottage joint tenancy, unity of possession is present. This is because the possession is entitled to all the five without exclusion of any one as a co-owner.

Unity of title is present since they receive their interest in the cottage in a single document same time. The unity interest of the five co-owners is initially present as they have identical interests before they start severing the joint tenancy. When they severe their interest starts changing duration as they start dropping out one after the other, they inhibit presence of unity of interest though their interest had been of the same manner. Therefore, the unity of interest is absent.

Unity of time is absent. The co-owners title vest at the same time but the five receive their share under dissimilar conveyance.

Having considered the four unities, the joint tenancy present at first is severed due to absence of unity of interest and unity of times.

Severance of interest of joint tenancy of a legal estate to create a tenancy in common in land is prohibited by law. However, it does not affect the rights of a joint tenant to release his/her interest to fellow joint tenants. Consequently it does not affect the right or sever a joint tenancy in equity whether a property is vested in joint tenancy or not, so long as any tenant desiring to sever the joint tenancy in equity notified the other tenant in writing[12] .

Unfortunately, the consequences of severing are irrevocable. Once one has severed his/her interest, the severing cannot be reversed

In our facts, Dirk is about to sever his interest and this is allowed by law provided he notifies the other joint tenants through writing. He notifies them through writing, and his notification is left in the last known place of business as required and they fall into Shabaz’s hands.[13]

  1. How the Proceeds of sales would be divided if the cottage was sold

As earlier stated, in Joint tenants’ kind of ownership, they all have equal rights to the whole property and in case one of them dies, the cottage automatically passes to the surviving tenants through survivorship right. Therefore, Dirk’s share of the cottage is passed to the surviving tenants namely Mitchell, Anisah and Shabaz. However, none can pass ownership of the cottage in their will. This is because joint tenants appear as an individual and thereby cannot have distinct shares in property.[14]

We also know that they were registered initially as joint tenants and that they held title in trust for themselves as joint tenants. In Joint tenancy, they all have equal rights to the whole property and in case one of them dies, the cottage automatically passes to the surviving tenants through survivorship right. Correspondingly, a joint tenancy will happen in co-ownership as the lawful title of the joint tenants. Also, there is a title for the tenants which is common via equity which represents a person's interest in the property. Now considering that some property transfer occurred from the time they purchased the cottage to the time they sold it, Elijah’s interest shall go to Mitchell who bought his share. Therefore, Mitchell will have a share of 40% of the sales after summing up both his share and that which he bought from Elijah.

Since in joint tenancy the ownership of all the tenants ends at once, as Mitchell gets his share, Anisah and Shabaz will both have their shares too. However, since Dirk died and left all his property to Anisah, according to the Land law no one can pass property ownership to another person with or without a will. Therefore, if the joint ownership over the cottage was completely a joint ownership solely by law, then she cannot legally possess Dirk’s share of the sales of the property. But since in Equity they had unequal commitment to the price tag, Anisah can now have Dirk’s share of the property price tag since as a friend she is allowed to possess the deceased friend’s property in monetary terms as in accordance with the rules intestacy. Thus, Anisah should have 50% and Shabaz 10% of the price tag.

  1. I) If the property was conveyed into their joint names but no reference to any trust was made in the conveyance

In the event that an express announcement of trust is not made during procurement, the position is more entangled because when the passages at Land Registry record the responsibility for legitimate property they will not record useful interests. It can in this way be to a great degree hard to focus the share in the property that every person is qualified for if their individual shares are not recorded at the time of procurement[15] .

Where a property is acquired in joint names and there is no express attestation of trust, the general supposition is that esteem takes after the law that the persons hold the property as joint tenants. In any case, taking after the late decisions in Stack v Dowden and Jones v Kernott, there is amazing powerlessness here of the law.

In Stack v Dowden, the House of Lords had held that, in places which no express declaration of trust that has been made, the people will be endeavoured to be joint tenants and met all requirements for comparable shares in the property unless one individual can show that the property was wanted to be held in an unforeseen way. A broad mixed bag of parts can be considered to show this. Then again, it may be in unprecedented cases that a court will be impelled that the people arranged a choice that is unique in relation to proportionate shares[16] .

In Jones v Kernott, the Supreme Court comprehensively took after the methodology in Stack v Dowden. They included that in the event that it could be demonstrated that the individuals had planned to hold the property in discrete shares, however that it was unrealistic to focus the extent of the shares they had expected to have each, then the court would need to choose what was reasonable in light of the entire course of managing between the gatherings in connection to the property.[17]

In such cases, without any important agreements between the parties that show they proposed something else, their advantageous shares will mirror the measure of their commitments.

A conveyance to a buyer of a lawful estate in land should overreach any impartial enthusiasm influencing that domain, whether he has recognize thereof, if the conveyance is made by trustees available to be purchased and the even-handed interest is at the date of the conveyance equipped for being overreached by such trustees under the procurements of subsection (2) of segment (2) section I and the statutory prerequisites regarding the instalment of capital cash emerging under a disposition upon trust available to be purchased are agreed to. Along these lines without a reference to any trust they will not be in any position to offer the cottage which is their property.[18]

For the situation that Mitchell is pronounced bankrupt and he holds the cottage as a trustee when he is made bankrupt, then there will exist a few outcomes as takes after. The joint gainful tenure gets to be naturally severed since Mitchell is a helpful joint tenant. Any of Mitchell's gainful enthusiasm for the trust on which the property is held, or in the returns of offer under such a trust, is a piece of his domain thus vests in the trustee in insolvency in understanding to segment 306 of the Insolvency Act 1986 and no points of interest of the vesting will be made[19] .

Furthermore, no change exists in the lawful domain, which stays vested in the joint tenants including Mitchell. The lawful joint tenure cannot be separated (Segment 36(2) and (3) of the Law and Property Act 1925)[20]. The legitimate domain does not structure piece of the bankrupt's home (segment 283(3) of the Insolvency Act 1986)[21]. No insolvency notice or restrictions will be entered on the register. On any air the joint tenants including Mitchell keep on being the persons who must execute the significant deed.

Mitchell can apply for a Form J restriction to ensure that the cottage is not put disposition after his trustee receives the disposition written notice[22]. Additionally, if there does not exist an already registered Form A restriction in the ownership then Mitchell will be able to apply for one to be entered since the beneficial joint tenancy will have been severed by the bankruptcy[23].

A Form J or A restrictions will not keep the enrolment of a disposition to which segment 27 of the Law and Property Act 1925 (instalment of capital cash to no less than two trustees) applies, as in the accompanying sample.

Mitchell held the property as beneficial joint inhabitant before the liquidation. Mitchell's trustee in liquidation applies to enrol Form J and Form A restrictions. A man in compliance with common decency can buy the property or development cash on security of a lawful charge. They pull out as needed by Form J and follow Form A by acquiring a receipt for capital cash from alternate trustees. That individual takes free of the trustee to greatest advantage in the valuable investment once in the past partly owned by Mitchell. On account of the buy the transferee will be enlisted as the owner and the confinements drop; on account of the charge, it will be enrolled yet the restrictions will stay in the ownership register and Mitchell will be unable to protest the enlistment and will need to look to the enlisted owners to record for any net returns because Mitchell and the other joint tenants have the capacity to offer the property given any Form A or J restrictions is agreed to, the buyer is not influenced by the liquidation.

Likewise they held the title in trust for themselves as joint tenants, it is viewed that they hold trust for Mitchell. They can make an intentional game plan as follows:

In chance that the course of action contains a task of Mitchell's advantage or makes a trust for the chief then an application may be made for enrolment of a confinement in standard Form A, if it has not been selected in the register.

In risk the purposeful strategy contains an errand of Mitchell's profit, it is viewed as that the chief likewise applies for a restriction in standard Form II, since the trust investment will be claimed by the director and not by Mitchell.

In the event that the investment is hung on trust by Mitchell for the leasers or charged to the director, it is viewed as that no manifestation of confinement, other than in Form A (if not effectively entered), can be sought unless all the enlisted owners agree to the restrictions. This is because the enthusiasm of the director or lenders will be subsidiary. While Mitchell's advantage would give off an impression of being a privilege or claim in connection to an enlisted bequest (Section 42(1) (c) of the Land Registration Act 2002), the charge on or valuable interest to his greatest advantage are one expelled from the enrolled property thus are viewed as not to be rights or claims inside segment 42(1) (c)[24] .

Bailii.org, 'Jones V Kernott [2011] UKSC 53 (9 November 2011)' <http://www.bailii.org/uk/cases/UKSC/2011/53.html> accessed 17 March 2015

Bailii.org, 'Stack V. Dowden (Respondent) [2007] UKHL 17 (25 April 2007)' <http://www.bailii.org/uk/cases/UKHL/2007/17.html> accessed 17 March 2015

Findlaw.co.uk, 'Joint Tenancy Vs Tenancy In Common - Property Law' (2014) <http://www.findlaw.co.uk/law/property/buying_property/500189.html> accessed 15 March 2015

Inbrief.co.uk, 'Legal Interests and Equitable Interests Compared: Discretionary Nature of Equity' (2015) <http://www.inbrief.co.uk/land-law/legal-and-equitable-interests.htm> accessed 16 March 2015

Inbrief.co.uk, What Is Co-Ownership. Law of Land - When Does Co-Ownership Arise? (2015) <http://www.inbrief.co.uk/land-law/coownership-land-law.htm> accessed 16 March 2015

[1] Inbrief.co.uk, 'What Is Co-Ownership. The Law of the Land - When Does Co-Ownership Arise?' (2015)

[2] Inbrief.co.uk, 'What Is Co-Ownership. The Law of the Land - When Does Co-Ownership Arise?' (2015)

[3] Inbrief.co.uk, 'What Is Co-Ownership. The Law of the Land - When Does Co-Ownership Arise?' (2015)

[4] Inbrief.co.uk, 'What Is Co-Ownership. The Law of the Land - When Does Co-Ownership Arise?' (2015)

[5] Legislation.gov.uk, 'Law Of Property Act 1925' section 34

[6] Inbrief.co.uk, 'What Is Co-Ownership. The Law of the Land - When Does Co-Ownership Arise?' (2015)

[7] Inbrief.co.uk, 'What Is Co-Ownership. The Law of the Land - When Does Co-Ownership Arise?' (2015)

[8] Gov.uk, 'Joint Property Ownership - GOV.UK' (2015)

[9] Lawsociety.org.uk, 'Joint Ownership - The Law Society' (2013)

[10] Findlaw.co.uk, 'Joint Tenancy Vs Tenancy in Common - Property Law' (2014)

[11] Gov.uk, 'Joint Property Ownership - GOV.UK' (2015)

[12] Legislation.gov.uk, 'Law of Property Act 1925' Section 36

[13] Legislation.gov.uk, 'Law of Property Act 1925' Section 196

[14] Inbrief.co.uk, 'What Is Co-Ownership. The Law of the Land - When Does Co-Ownership Arise?' (2015)

[15] Lawsociety.org.uk, 'Joint Ownership - The Law Society' (2013)

[16] 'Stack V. Dowden (Respondent) [2007] UKHL 17 (25 April 2007)

[17] 'Jones V Kernott [2011] UKSC 53 (9 November 2011)

[18] Legislation.gov.uk, 'Law of Property Act 1925'

[19] Gov.uk, 'Practice Guide 34: Personal Insolvency - GOV.UK' (2015)

[20] Legislation.gov.uk, 'Law of Property Act 1925'

[21] Gov.uk, 'Practice Guide 34: Personal Insolvency - GOV.UK' (2015)

[22] Gov.uk, 'Practice Guide 34: Personal Insolvency - GOV.UK' (2015)

[23] Legislation.gov.uk, 'Law Of Property Act 1925'

[24] Gov.uk, 'Practice Guide 34: Personal Insolvency - GOV.UK' (2015)

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