1. Co-Ownership 2 types of co-ownership Severance of a joint tenancy
Co-owners & TOLATA 1996
Purchasing property from co-owners

2. 2 types of Co-Ownership
Trusts of Land and Appointment of Trustees Act 1996.
Trust of Land:
Joint Tenants
Tenants in Common

3. Joint Tenants The ‘Four Unities’ Time Title Interest Possession
Bull v Bull [1955] 1 QB 234

4. Joint Tenants Words of severance Survivorship
Payne v Webb (1874) LR 19 Eq 26
Lewen v Dodd (1595) Cro Eliz 443
Peat v Chapman (1750) 1 Ves Sen 542
Survivorship

5. Tenants in Common Unity of possession Equitable presumptions:
Bull v Bull [1955] 1 QB 234
Equitable presumptions:
Unequal contributions to the purchase price
Speculative nature of ownership
Money advanced on mortgage by joint mortgagees
Premises held for more than one business purpose
Malayan Credit Ltd v Jack Chia – Mph Ltd [1986] AC 549

6. Position in Law & Equity
Law (JT)
Equity (JT/TIC)
S.34(1) & (2) LPA 1925
S.36(2) LPA 1925

7. Severance of a Joint Tenancy
Reasons for severing Joint Tenancy:
survivorship
S.36(2) LPA:
Notice in writing
Do such other acts or things…effectual to sever the joint tenancy
Williams v Hensman (1861) 1 John & H 546
Equal shares on severance
Goodman V Gallant [1986] Fam 106

8. Severance of a Joint Tenancy
A,B,C,D A,B,C,D
A,B,C,D A B,C,D
B,C,D B,C,D,
B,C,D X B,C,D

9. Severance of a Joint Tenancy
B,C,D B,C,D
C CD X C CD

10. Notice in Writing How serve? S.196(4) LPA:
Registered/recorded delivery letter
S.196(3) LPA:
Leave last known place of abode
Re 88 Berkeley Road NW9 [1971] Ch 648
Kinch v Bullard [1999] 1 WLR 423
Grindal v Hooper [1999] EGCS 150

11. Williams v Hensman
“A joint tenancy may be severed in three ways, in the first place, an act of any one of the persons interested operating upon his own share…secondly a joint tenancy may be severed by mutual agreement. And in the third place, there may be a severance by any course of dealing sufficient to intimate that the interests of all were mutually treated as constituting a tenancy in common.”

12. Williams v Hensman ‘An act..operating upon his own share’ Sale
Bankruptcy
Mortgage
First National Securities v Hegarty [1984] 1 All ER 139

13. Williams v Hensman Mutual Agreement Course of dealing Express Implied
Burgess v Rawnsley [1975] 1 Ch 429
Re Woolnough [2002] WTLR 595
Course of dealing
“It is sufficient if there is a course of dealing in which one party makes clear to the other that he desires that their shares should no longer be held jointly but be held in common”

14. Co-Owners & TOLATA 1996 Sale Consultation (s.11)
Court order sale (s.14)
Factors court must take into account (s.15):
Intention of persons who created trust
Purpose for which trust property held
Welfare of any minors
Interests of any secured creditors/beneficiary

15. Co-Owners & TOLATA 1996 Sale
Mortgage Corporation Ltd v Shaire and others [2000] EGCS 35
Bank of Ireland Home Mortgages Ltd v Bell and Bell [2001] 2 FLR 809

16. Co-Owners & TOLATA 1996 Right to occupy land Right to occupy (s.12)
Exclusions & restrictions on right to occupy (s.13)
Have regard to intentions of person who created trust
Purpose for which the land is held
Wishes of all beneficiaries who entitled to occupy

17. Purchasing Property from Co-Owners
Overreaching provisions
Valid receipt for purchase money
Sale by sole surviving joint tenant
Registered land
Restriction on the register?
Unregistered land
Law of Property (Joint Tenants) Act 1964
Memorandum of severance?