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Chapter

Cover Textbook on Land Law

17. Co-ownership  

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter discusses rules relating to the co-ownership of land. It covers the distinction between ‘joint tenancy’ and ‘tenancy in common’; how a court determines whether a joint tenancy or a tenancy in common has been created in equity, including a discussion of the impact of the leading cases of Stack v Dowden and Jones v Kernott on this issue; the severance of a joint tenancy; the relationship between co-owners; and the ending of co-ownership. The law is illustrated by reference to Mr and Mrs Armstrong (joint tenants of 1 Trant Way), six students who bought 8 Trant Way together and jointly occupy it, and a firm of chartered surveyors who jointly hold title to 10 Trant Way as their business address.

Chapter

Cover Thompson's Modern Land Law

3. Law, Equity, and Human Rights  

In addition to the concepts of tenure and estates, another fundamental aspect of England’s Land Law is the impact of equity. The intervention of equity was originally based upon the need to enforce obligations of conscience and to redress defects in the common law, and also gave rise to the trust. But while the trust might be equity’s greatest creation, the intervention of equity also addressed other areas of Land Law where the common law position was considered to be defective or oppressive. A notable example is the law of mortgages. Aside from modifying the common law, equity also recognized other rights that did not result in the beneficial entitlement to the land. This chapter discusses the historical basis of equity in England, the creation of equitable rights, the enforceability of equitable and legal rights, and human rights.

Chapter

Cover Land Law Directions

8. Joint owners of land (co-ownership)  

This chapter discusses ‘express’ co-ownership of land—the situation in which owners make a conscious decision to own land together. It first briefly defines the two types of co-ownership—joint tenancy and tenancy in common—and distinguishes between legal and equitable ownership. It then discusses legal title and equitable title in relation to joint tenancy and tenancy in common; and how to differentiate between joint tenancy and tenancy in common in practice. The chapter also considers the issue of severance, which converts the status of a co-owner from joint tenant to that of tenant in common, as well as the impact of co-ownership on the land register.

Chapter

Cover Land Law Directions

9. Trusts and the family home  

This chapter discusses a form of ‘implied’ co-ownership—the situation in which the law recognizes that co-ownership in a property has arisen, even though this is sometimes far from the intention of the parties. It looks at how implied co-ownership arises, through either a resulting or constructive trust. It discusses in detail the two-stage process that gives rise to the court identifying that the existence of a common intention constructive trust has been established, and looks at how the courts have considered this process over many years. It then considers how the court approaches quantification of shares in the property. Finally it looks at the many proposals for reform in this area of law.

Chapter

Cover Complete Land Law

19. Prescription for Easements (and Profits)  

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses rules common to all three forms of prescription; user ‘as of right’ (without force, without secrecy and without permission), presumed acquiescence, user must be continuous, user must be by or on behalf of a fee simple against a fee simple, and user must be against a servient owner capable of granting an easement; prescription at common law; prescription by lost modern grant; prescription under the Prescription Act 1832; prescriptive easements and profits as legal interests; and extinguishment of easements.

Chapter

Cover Thompson's Modern Land Law

12. Freehold Covenants  

People who wish to develop their land, or build upon it, must obtain planning permission, applications for which are made public and those who may be affected by the action may make representations. The law governing this area is a highly complex one and involves the public control of land use. Private control of land use involves landowners seeking to regulate how land is used within a particular locality. This chapter deals with covenants made between freeholders and how successors in title to the original parties to the covenant can either acquire the benefit of a covenant or take subject to the burden of it. It first discusses the privity of contract before turning to the transmission of covenants, common law, equity, and restrictive covenants, and also considers remedies available in case a breach of covenant arises, discharge of covenants, and positive covenants.

Chapter

Cover Land Law

5. Co-ownership  

This chapter explores the law of co-ownership. Co-ownership describes the situation where two or more people own land simultaneously, i.e. at the same time. The chapter considers questions such as how is co-owned land held at law and in equity and how do courts determine disputes involving co-owned land. The law of co-ownership represents an amalgam of common law rules and statutory provisions, most notably under the provisions of the Law of Property Act 1925 and the Trusts of Land and Appointment of Trustees Act 1996 all of which are unpacked in this chapter.

Chapter

Cover Land Law Directions

2. The structure of land law  

This chapter discusses the origins and structure of modern land law, tracing the development of two kinds of estates and interests: at common law and in equity. It discusses the meaning of estates in land, and legal and equitable rights; examines the differences between the two; and explains why it matters whether a right in land is legal or equitable. The different effects of legal and equitable interests on purchasers of land are noted, because common law acts in rem and equity in personam. This gave rise to the doctrine of notice. The reforms introduced by the 1925 Property Acts are explained, including reduction of legal estates in land to two: the fee simple absolute in possession (freehold) and term of years absolute (leasehold)—Law of Property Act 1925, s. 1(1). Registration of land charges partially reformed the doctrine of notice, and overreaching was introduced. The Land Registration Act 1925 introduced compulsory registration of title; there are now two systems: registered and unregistered land.

Chapter

Cover Textbook on Land Law

17. Co-ownership  

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter discusses rules relating to the co-ownership of land. It covers joint tenancy; tenancy in common; creating a tenancy in common of the beneficial interest under a trust; the cases of Stack v Dowden and Jones v Kernott; the severance of a joint tenancy; the relationship between co-owners; and the ending of co-ownership.

Chapter

Cover Concentrate Questions and Answers Land Law

13. Skills for Success in Coursework Assessments  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans, suggested answers, and author commentary. This chapter gives advice on skills for success in coursework assessments: how to write well, how to plan coursework assignments, how to take notes, how to research and use the databases, how to reference in footnotes and bibliographies, which will all allow you to make your argument as forcibly as you can. As an example of an approach it presents an analysis of a challenging question on the Commons Act 2006, referring to recent cases.

Chapter

Cover Land Law Concentrate

10. Co-ownership  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the co-ownership of property. Co-owned property is where two or more people are entitled to possess and enjoy the property at the same time. Today, there are two types of co-ownership: a joint tenancy and a tenancy in common. Co-owned property is held on trust and, since the Trusts of Land and Appointment of Trustees Act 1996 (TLATA), this is generally a trust of land. Legal title can only be held as a joint tenancy, by a maximum of four people. Equitable title can be held as a joint tenancy or a tenancy in common by an unlimited number of people. A joint tenancy in equity, but not at law, can be severed to create a tenancy in common. Disputes between co-owners may be dealt with by making an application to court. Where a co-owner becomes bankrupt, the trustee in bankruptcy must make an application to court to request a sale of the co-owned property.