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42 Cards in this Set

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Legal Title only held as joint tenancy
s1(6) LPA 1925
4 people can hold legal estate
first four named
Trustees of land must be of full age
No signature is required for a valid notice
s36(2) LPA 1925
Land notices must be correctly served
(3)- must be left at co-owner's last known abode or business
s196 LPA 1925
Disposition of equitable interest must be in signed writing by person or agent.
s53(1)(c) LPA 1925
Burgess v Rawnsley
Severance by mutual agreement/course of dealings
Re K
Severance by homicide
Bull v Bull
Resulting trust is in proportion to the size of the direct contribution to the purchase price
Curley v Parkes
Contribution to ancillary expenses/mortgage is not enough for a resulting trust to be established.
Lloyd's Bank v Rosset
Constructive trust
Eves v Eves
Legal owner stated he would have put home in both names had partner been 21.
For establishing agreement for constructive trust doesn't matter if statement was honest.
Grant v Edwards
Legal owner said that he house had been put in his name so as not to prejudice other party's divorce proceedings.
Established 'causal test' for detriment
Stack v Dowden
To determine share for a constructive trust whole course of dealings must be considered.
Trustees' have all the powers of absolute owner in exercising functions
s6(1) TLATA 1996
Trustees can end trust even if beneficiaries don't request it
s6(2) TLATA 1996
Trustees can buy land in England and Wales for purposes in s8 TA 2000
s6(3) TLATA 1996
Trustees must have regard to rights of the beneficiares
s6(5) TLATA 1996
Trustees must follow equitable rules and laws
s6(6) TLATA 1996
Trustees must follow equitable rules and laws
s6(6) TLATA 1996
When selling land Trustees must consult full age beneficiares with interest in possesion and comply with majority wishes
s11 TLATA 1996
Trustees powers can be excluded by the settlor
s8 TLATA 1996
Beneficiaries have a right to occupy land (subject to conditions)
s12 TLATA 1996
Trustees can attach conditions to occupation
s13 TLATA 1996
Application for a court order in land trust dispute
s14 TLATA 1996
Factors looked at by court in s14 application: purpose of trust, settlor's intent, welfare of minors, interests of secured creditors, benes
s15 TLATA 1996
Maximum consent of 2 beneficiaries needed for sale of land
s10 TLATA 1996
Four Unities
1. Interest
2. Title
3. Time
4. Possession
Equitable Interest: Joint Tenancy or Tenants in Common?
1. Four unities present
2. Express declaration- conclusive
3. Words of severance contained in deed
4. Equity presumes a tenancy in common
Equity presumes a tenancy in common
1. Partnership properties (business partners)
2. Lenders
3. Unequal contributions to the purchase price
Location of express declarations on JT or T in C
- Unregistered- in conveyance to co-owners
-Registered- included in transfer (Form TR1 s10)
Goodman v Gallant
Express declaration is conclusive
Requirements for valid notice of severance
1. Be given in writing
2. Show the correct intention
3. Be correctly served (LPA 1925 s 196)
Severance notice must be left at co-owner's last known abode/business
LPA 1925 s196(3)
Types of severance
- By notice
- By alienation
- By mutual agreement/course of dealing
- Homicide
The notice of severance must show an intention to sever the joint tenancy immediately, and not at some later date.
Harris v Goddard- a prayer in a divorce petition
Example of requisite intention to sever by notice
Re Draper's Conveyance- similar facts as Harris v Goddard but wife's affadavit stated, 'I am entitled to a half share in the matrimonial home'.
Rules for severance by alienation
- By gift, sale, or mortgage, must be in signed writing (s53(1)(c) LPA 1925)
Severance by mutual agreement application
Where the co-owners expressly agree to sever the JT in equity, or where the Ps agree to deal w/ the land in a certain way, and that method of dealing would have the effect of severing- Sir John Oennycuick VC in Burgess v Rawnsley
For severance by mutual agreement it is enough to show a course of dealing under which one P has made it clear that he wants to hold the property under a TinC rather than a JT.
Lord Denning in Burgess v Rawnsley
Severance in equity on the title
Unreg- memo of severance placed on conveyance.
Reg- Restriction placed on register.
Resulting Trust
-Proportion to size of direct contrib to purchase price
- Contrib to ancillary expenses/mortgage not enough
Two situations under which a constructive trust arises
First Situation:
1. Agreement, arrangement, or understanding between legal and non-legal owners that they will share the equit interest.
2. Non-legal owner acts to detriment or alters position based on 1.

Second Situation (No evid of agree):
1. Conduct of Ps used to infer common intention to share the equit interest.
2. Direct contribs to purchase price
'The Causal Test'
Non-legal owners wouldn't have done what they did if agreement didn't exist.(Grant v Edwards)