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Land Law Assignment

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Ruby and her partner Nasir, in 2015, purchased a house in Manchester called ‘Rose cottage’. They purchased this cottage in their joint names with no express declaration of the beneficial interest and both their names are on the legal title. While Ruby contributed 80%, Nasir contributed 20% to t...

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  • February 3, 2025
  • 9
  • 2023/2024
  • Essay
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Land Law Coursework Assessment


Dear Mr Nasir,


Our advice to you:
To begin, you came to see us on the 15th of December 2021. Your advisors were
Andrew and Emma. On the 16th of December 2021, we wrote to you explaining that
we were able to help you with your legal problems. We are now giving you our
written advice.


What you told us – your legal problem:
You and your former partner, Ruby, bought a house in Manchester, England, named
Rose Cottage. You both bought the cottage on your joint names with no express
declaration of the beneficial interest and both of your names are on the legal title.
Respectfully, you contributed 20% of the purchase price of Rose Cottage, with Ruby
providing the remaining 80%. Following the completion of the property's repairs, you
and your partner decided that you desired capital appreciation for the sum you paid
for the cottage. That is why you had decided to rent out the house as an investment.
Rose Cottage, on the other hand, was sold once your relationship with Ruby ended.
You then claimed you were entitled to half of the proceeds from the property sale,
which is why you have come to us for assistance in evaluating whether you are
entitled to that or not.


Our advice to you – the legal position
To start with, depending on the information you have provided we will determine
which type of tenancy1 your case will fall under. We will be able to identify how much
you are entitled to based only on this information. Tenancies are divided into two
categories: joint tenants2 and tenants in common3.


A joint tenancy is when two or more individuals share ownership of a property and
have equal rights (undivided share of the land) and duties. You are not permitted to


1
Law of Property Act 1925
2
Legislationgovuk, 'Law of Property Act 1925' (Joint tenancies, 2021)
<https://www.legislation.gov.uk/ukpga/Geo5/15-16/20/section/36>accessed 1 January 2022
3
Legislationgovuk, 'Law of Property Act 1925' (Tenants in Common, 2021)
<https://www.legislation.gov.uk/ukpga/Geo5/15-16/20/part/I/crossheading/undivided-shares-and-joint-
ownership/enacted?view=plain> accessed 1 January 2022

, Land Law Coursework Assessment


leave your share of the property to anyone in your will 4 if you are a joint tenant.
Tenants in common, on the other hand, is a different type of tenancy. The term
tenant in common refers to a situation in which two or more people 5 share ownership
of a property. This is when the ownership is unequal, such as 70/30 or 80/20, which
can be seen in your case. With this tenancy, you have the option of passing your
share to whomever you want, including anyone named in your will. By looking at this,
it is clear that your situation falls under the tenants in common category.


You have also mentioned that the legal title has both you and your partner's names
on it. If the legal title is registered in the names of more than one person, co-
ownership of the legal title will occur. A joint tenancy is the only legal form of property
that can exist, so, under this statute, a tenancy in common of the legal title to land is
not feasible6. As a result, co-ownership of a legal title must take the form of a joint
tenancy. There can never be a tenancy in common of the legal site 7, since a joint
tenancy of the legal title cannot be separated 8. The title is anything that is held in
equity as a tenancy in common or as a joint tenancy. The legal title, on the other
hand, can only be held jointly. There is a common law presumption in favour of a
shared tenancy in equity, based on the equitable concept that equity follows the law.
However, there are a few circumstances that indicate a joint tenancy 9.


A joint tenancy or tenancy-in-common can be used to hold an equitable title. There
are four criteria to consider when determining how equitable title is held: four unities,
express declaration, words of severance, and equitable presumption.


The Four Unities must be completed in order to constitute a lawful joint tenancy by
transferring land to two or more people under common law. These are as follows:
unity of possession (no tenant can be denied access to any part of the land), unity of
interest (each tenant has the same estate), unity of time (each tenant's interests vest
at the same time), and unity of title (all tenants acquire ownership under the same

4
Govuk, 'Make a Will ' (Wwwgovuk, 2021)
<https://www.gov.uk/make-will>accessed 1 January 2022
5
s.35(2) Trustee Act 1925
6
Judith Bray, Unlocking Land Law (6th edn., Taylor and Francis 2019) 221 (Chapter 8, 221–222)
7
Judith Bray, Unlocking Land Law (6th edn., Taylor and Francis 2019) 221 (Chapter 8, 221–222)
8
Law of Property Act 1925
9
Judith Bray, Unlocking Land Law (6th edn., Taylor and Francis 2019) 221 (Chapter 8, 221–222)

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