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Co-ownership and Trusts
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Comprehensive textbook, lecture and academic notes on Topics in English Land Law. Includes key cases, analysis of the law, academic criticism and my own comments. Got me a 1st
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4 – CO-OWNERSHIP and TRUSTSThere are two ways to hold land in co-ownership:
1. Successive co-ownership – land held by trustees for successive persons (eg A for life, then B for
life, C in remainder); since 1 Jan 11997, all new successive interests governed by TOLATA 1996
(not on syllabus!)
2. Concurrent co-ownership – land held on trust for 2+ persons entitled to simultaneous
enjoyment; governed by LPA 1925 and TOLATA 1996; can be joint legal owners or joint equitable
owners with a single RP
a. Where single trustee, s 23 gives them owner’s powers and s 58 guarantees the title –
trustee deals with the land
Concurrent Co-Ownership
Since 1 Jan 1926, two types of concurrent ownership: joint tenancy and tenancy in common. (Can be JT/
TIC of any property, not just freeholds – we will look at freeholds and leaseholds).
If parties are married, solicitor will usually assume parties want JT; otherwise, tend to assume TIC (In a
problem question, if ‘advise the parties’ make sure to advise about benefits vs downsides of JT and TIC).
Joint Tenancy
In a JT, the entire interest in land is vested simultaneously in each of the JTs. Distinguishing features are
the right of survivorship and the four unities.
Survivorship
JTs own estate jointly, with no individual ‘shares’, so JT cannot pass title on death – the entire interests
‘survives’ to the remaining JTs.
There is no need for transfer, conveyancing etc – automatic. There is nothing to convey after
death – the dead JT is simply removed from the register by the Land Registry.
If multiple JTs die in the same incident, making it unclear which of them survived the others, the
deaths will be presumed to have occurred in order of seniority – youngest survives for purpose
of title (s 184 LPA 1925).
- Hickman v Peacey (1945) (4 men died by bomb, 2 wills benefitting the others; s 184 applied)
- Re Lindop (1942) (H + W died by air raid, died same time; s 184, W deemed to survive)
JT can convert their joint tenancy into TIC by severance at any time; this must occur during JT’s life – it
cannot be effected by will (Gould v Kemp (1834)).
Four Unities
JT cannot exist without the four unities – if one is missing, it will be TIC (if all present, could still be TIC).
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