Property Law: Joint Tenancy and Co-Ownership

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Questions and Answers

In a joint tenancy, what happens to the deceased tenant's share of the property?

It automatically passes to the surviving joint tenant(s). (correct)

It is distributed according to their will.

It is sold and the proceeds are divided among all heirs.

It is inherited by their next of kin.

Which of the following is NOT a requirement for establishing a joint tenancy?

Unity of possession

Unity of time

Unity of intention (correct)

Unity of interest

How can a beneficial joint tenancy be severed, meaning the co-owners become tenants in common?

By a written notice stating an intention to sever.

By an agreement between the co-owners to sever.

By a court order to sever.

All of the above. (correct)

What legal mechanism protects buyers from hidden beneficial interests in a property?

Overreaching (B) Signup and view all the answers

What distinguishes a tenancy in common from a joint tenancy in terms of ownership?

Tenants in common can have a specific share of the property, while joint tenants own the whole property. (D) Signup and view all the answers

What type of trust arises when contributions are made to a property after the initial purchase?

Constructive trust (B) Signup and view all the answers

When two people own a property as joint tenants, how does the law consider their legal title?

They both own the whole property. (B) Signup and view all the answers

How does the Law of Property Act 1925 (LPA 1925) define co-ownership?

It automatically creates a trust of land when property is held in co-ownership. (B) Signup and view all the answers

What is the key difference between a lease and a licence?

A lease grants exclusive possession, while a licence does not. (B) Signup and view all the answers

In the case of Colchester & East Sussex Co-op v Kelvedon Labour Club (2003), what was the primary issue being addressed?

The enforceability of a licence to park a car on private property. (B) Signup and view all the answers

Which of the following is NOT a key element of proprietary estoppel?

Adverse Possession (A) Signup and view all the answers

What is the primary effect of a successful proprietary estoppel claim?

The court will enforce the claimant's expectation as if it were a legally binding agreement. (C) Signup and view all the answers

In the case of Ramsden v Dyson (1866), what principle was established regarding proprietary estoppel?

A landowner who encourages another to believe they have an interest in the land, and that other acts to their detriment in reliance, may be estopped from denying that interest. (A) Signup and view all the answers

Which of the following best describes how Midland Bank v Farmpride (1980) broadened the principle from Ramsden v Dyson?

It extended proprietary estoppel to cover relationships other than landlord-tenant relationships. (B) Signup and view all the answers

What does the term 'unconscionability' refer to in the context of proprietary estoppel?

The defendant's actions in going back on the assurance despite the claimant's detrimental reliance. (B) Signup and view all the answers

Which of the following is NOT a key characteristic of a licence as described in the content?

A licence always grants exclusive possession of the property. (B) Signup and view all the answers

What is the legal basis for the presumption of lost grant in prescription?

The legal fiction that a right exercised for a long time originated from a lawful grant. (C) Signup and view all the answers

Which of the following elements is NOT required for a valid easement?

Adverse Possession for a specified period. (A) Signup and view all the answers

What distinguishes easements from licenses?

Easements bind successors in title, while licenses do not. (B) Signup and view all the answers

Which of the following scenarios would NOT be considered an easement?

A right to occupy a neighbor's property for a temporary period of time. (B) Signup and view all the answers

What is the purpose of the requirement for "continuous user" in prescription?

To ensure the user has exercised the right consistently and uninterruptedly. (D) Signup and view all the answers

Which of the following is NOT a valid method of easement creation?

Acquisition through Adverse Possession. (D) Signup and view all the answers

Which of the following statements about acquiring a right by prescription is TRUE?

The user must have exercised the right peacefully and as if entitled. (B) Signup and view all the answers

Which of the following is a key distinction between easements and profits à prendre?

Easements involve the right to use another's land, while profits à prendre involve the right to take resources from another's land. (B) Signup and view all the answers

Study Notes

Conveyancing

Conveyancing is the transfer of property ownership from one person to another.
Solicitors provide professional expertise and insurance for conveyancing.
Land registration under the Land Registration Act 2002 simplifies processes, speeds transactions, and reduces fraud.
It is similar to the DVLA system.

Pre-Contract Stage

Seller's solicitor tasks: Prepare a draft contract, obtain title evidence and property information (e.g. planning permissions). A seller has limited duty to disclose defects. Caveat Emptor applies.
Buyer's solicitor tasks: Examine the contract for suitability, check land title and raise requisitions as needed. Address any title problems to enable buyer withdrawal before exchange. Conduct searches (Local Authority, Land Registry) and check buyer finances to comply with money laundering regulations.

Exchange & Completion

Two copies of the contract are prepared and signed by both parties.
The exchange is typically agreed upon verbally before the physical exchange.
Both parties and their solicitors must be satisfied with pre-contract inquiries and any necessary amendments.
Buyer's solicitor may raise requisitions concerning the transaction's completion.
The buyer may need insurance for the property. Pre-completion searches prevent last-minute problems.
Monies are electronically transferred on the completion date.
The Transfer Deed is dated, and the keys are released once monies are confirmed.

Post-Completion

Outstanding mortgage/charges are paid off.
Receipts are obtained for proof to the Land Registry.
Legal estate transfers to the new owner upon registration (Section 27 LRA 2002).
The buyer's solicitor handles stamp duty and registers the title with the Land Registry.
The final account is sent to the client.

Legal Formalities

Contracts must be in writing and contain all agreed terms.
Contracts are governed by the Law of Property (Miscellaneous Provisions) Act 1989.
Conveyances of land must be by deed to be valid (governed by s.52(1) LPA 1925).
Deeds must clearly state their intention as a deed, be signed by relevant parties, and be delivered.
Contracts govern legal aspects and create binding obligations at law and equity.
The legal estate to the new owner passes upon registration (Section 27 LRA 2002).

Land Registration Act 2002

Aims to simplify conveyancing, ensuring land registration upon sales, gifts, transfers, and first legal mortgages.
Based on the Law Commission Report (2001).
Mirror Principle: The register reflects all land interests.
Curtain Principle: Off-register interests are protected.
Insurance Principle: Compensation for register errors is provided.
Unregistered Land: Sale triggers compulsory first registration within 2 months.
Registered Land: Buyer becomes legal owner when transfer is registered.
Registered land reduces time and costs, provides a complete ownership record, and simplifies conveyancing.
Various interests in registered land exist, such as registered estates, protected interests, and overriding interests.

Overriding Interests

An overriding interest binds the registered proprietor and future owners without needing register recording.
It contrasts with the Mirror and Curtain principles.
Short legal leases (7 years or less) and leases held by people in actual occupation are overriding interests.

Co-ownership

Occurs when two or more people have concurrent interests in the land.
Examples include married couples, business partners, or friends sharing a house.
Key types are joint tenancy (each owns the whole, and there's right of survivorship) and tenancy in common (each owns a specific share).
The Law of Property Act (LPA) 1925 and Trusts of Land and Appointment of Trustees Act (TOLATA) 1996 govern co-ownership matters.

Co-ownership Trusts

Implied, resulting, and constructive trusts arise when a contribution is made to property purchase but the contributor isn't a legal owner.
A beneficial interest is an equitable interest arising due to contributions to property purchase or agreements plus later payments, even after the initial purchase.
Resulting trusts arise from contributions to the purchase price, while constructive trusts arise from post-purchase contributions, including mortgage payments and expenses.
Formal requirements (S53(1) LPA 1925) for equitable interests exist but are excluded for implied resulting and constructive trusts.
Factors, such as contributions throughout the transaction, are important when measuring share proportions.

Mortgages

A mortgage is a lender's right over land that secures debt repayment or obligation fulfillment.
Parties involved include the borrower (mortgagor) and lender (mortgagee).
Mortgage types include repayment mortgages and endowment mortgages.
Mortgage creation can be via legal mortgages (defined by Section 1(2) LPA 1925, and created through lease or charge) or through registered land mortgages (created by deed).
Redemption rights exist for mortgagors, allowing them to repay and regain ownership.
Mortgagee remedies include obtaining possession and sale.

Licences

A licence is a personal right granted by a landowner that allows someone to do something on the property.
It's not an interest in land and is different from leases or easements.
Licences are simple (permission without consideration), coupled with an interest, or contractual.
Licences do not bind third parties.

Proprietary Estoppel

Prevents a person from going back on a promise they made, with the other party relying on that promise to their detriment.
Key elements: assurance, reliance, detriment, and unconscionability.
A useful equitable remedy to enforce fairness even if legal formalities are absent.

Adverse Possession

Adverse possession is acquiring land title through possession, not by formal legal methods.
The adverse possessor dispossesses the owner.
It requires factual possession and the intention to possess.
A sufficient degree of physical control is needed.
Intention to possess involves excluding the world at large, including the paper owner.
In the case of registered land, applications for registration must be made and are subject to the Land Registration Act 2002.

Property Covenants

Covenants are obligatory agreements (positive or restrictive) regarding property use.
They concern the burdened (covenantor) and benefiting (covenantee) parties.
Covenants are usually found in transfer deeds and are initially enforceable between original parties.
Common law rules concerning benefit transference involve consideration of whether the covenant affects the land, intended transference, and title derivation.
Equitable rules on benefit transference involve attaching to the land and express assignment.
Burden transference is primarily equitable, with exceptions in specific situations.
Covenants can be discharged under the Law of Property Act 1925 by statute or agreement.

Easements

An easement is a right to use someone else's land for a specific purpose (e.g., right of way, drainage).
Essential characteristics include two separate estates, benefit to dominant land, diversity ownership, and capable grant. Different types of easements exist, like express and implied.
Easements can be registered.
Different prescription methods exist, and easements can be terminated via statute, release, or unity of ownership.

Leasehold Covenants

Leasehold covenants regulate obligations for landlords and tenants.
Covenants can be express (written within the lease) or implied.
Important elements are quiet enjoyment, not derogating from grant, repairing covenants, and renewal options.
Remedies for breach include forfeiture, payment of damages, and injunctions.

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Description

This quiz delves into the intricacies of joint tenancy and co-ownership in property law. Explore key concepts such as the rights of deceased tenants, the requirements for establishing a joint tenancy, and the distinction between joint tenancy and tenancy in common. Test your knowledge on legal mechanisms and definitions related to property ownership.