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LAW2081 Land Law
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LAW2081 Land Law
0 Download4 Pages / 911 Words
Course Code: LAW2081
University: University Of Surrey
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Country: United Kingdom
Question:
In 2014 A, B, C and D were students who decided to buy a house to live in while they were studying. They contributed to the purchase price equally and the deed expressly transferred the property into their joint names. C was just 17 at the time. All the others were 18. A failed his first year examinations and decided to go to Prague to teach English.
After 6 months in Prague, A wrote to B & C offering to sell them his share in the house or alternatively, requesting that they sell the house so that he could obtain his proceeds of sale. In 2016 B took out a loan in order to purchase a sports car. This loan was secured on the property by means of a charge against B’s interest. In 2017 B was killed in a car accident.
The will that B made in 2016 left her real property to her brother E and her personal property to her sister F. In spring 2018, D married, and at the wedding A, C and D discussed their desire to have separate and distinct shares in the future. Nothing was put in writing. In summer 2018, inebriated A accidentally fell off Charles Bridge whilst taking a selfie with the statue of St John of Nepomuk and drowned in the Vltava river.
A’s will left his real property to G and his personal property to H. D would like to sell the property, but C works nearby and desperately wants to continue living in the property. (a) In the event that the house is sold, advise C as to how the proceeds of sale would be divided. [end of coursework question]
Answer:
Introduction:
That it is general view under the provisions of the Law of Property Act, 1925 that the when the land is owned by more than one owner by way of trust of land then it is considered as co-ownership. Furthermore, It is most important to mention here that the co-ownership is of two types such as joint tenancy and tenancy in common. In the joint tenancy, all the co-owners will hold the property collectively. In the tenancy in common, each of the owners will share the property by specific shares such as 50% share or 80% share. It is furthermore relevant to mention here that when the land is conveyed to the names of the more than one person than the co-ownership of legal title would arise. As per Section 1(6) of the Law of Property Act, 1925, the co-ownership of the legal title could only be through the joint tenancy.
Further, it is submitted that as per Section 36(2) of the said act, there can be no severance to the legal joint tenancy, to create the tenancy in common. In the present case, it is clear that A, B, C and D had purchased the house in the year 2014 and the same was transferred in their joint names. It is furthermore relevant to mention here that as the property is the co-ownership of all the purchasers as the same was legally transferred in their joint names and in that way they are the co-owner of the legal title.
Law of Property Act, 1925
That as per the provisions of the Law of Property Act, 1925 and from the facts of the present case, it is prima facie clear that the Joint tenants are the entitled equally to the property in total and it does not have the shares of individual in it. It is furthermore relevant to mention here that in case the property is sold then all the co-owners are entitled to the shares of the sale equally. It is most important to mention here that the joint tenancy is the right to survivorship, which means that in case the joint tenant dies then the interest would automatically go to the other remaining or the other joint tenants. In the present case also it is prima facie clear that A and B die unfortunately and in that case, E( the legal heir of B), G(legal heir of A), C and D became the joint owners of the property in question. In case the D proceeds to sell the house then the others including C will get the equal share in the said sale. It is furthermore relevant to mention here that in Williams V Hensman it is specifically stated that the equitable joint tenants do not own the share or the joint stake in the property. It is furthermore submitted that in AV Securities V. Vaughan (1988) UKHL 8, the Hon’ble court had specifically decided the issue of the role of exclusive possession. The facts of the case are that the AV Securities was the unlimited company and having various properties including the property at 25 Linden Mansions, Hornsey Lane, London having four bedrooms and communal areas. The AV securities rented the said place to the Vaughan and three others, but each one moved at the other times in the year 1982 and further signed the independent agreements. In the year 1985, the AV Securities terminated all the agreements, but the tenants claimed that they held the joint tenancy and had a remedy of statutory protection. Earlier the Judge held that there was no lease, but the court of appeal reversed the judgment. After that, the House of Lords held that Vaughan is the only co-tenant and not the others because of the reason that none has the exclusive possession and their rights could not be segregated in the joint lease. Further, in the case, Lord Templeman held that the tenants could be described as those people who are entitled to the protection of security.
Conclusion:
In the end, it is concluded that from the provisions of the Law of Property Act, 1925 as well from the decided case law, it is clear that after the death of the one of the co-owner, their interest would go to the Survivors as well as other co-owner as per the right of survivorship. From the given facts and circumstances C is advised that if he wants to hold the property he can purchase the share of D and other Co-owners, i.e., E and G and in case C wants to reside then he can purchase the share of D and other co-owners otherwise he can take share from the proceedings of sale.
References:
Butler D, ‘Enforcement Of Third Party Rights In Queensland under Property Law Act 1974 (Qld), S55’ (1998) 14 QUT Law Review
Cognetti KM Dunne, ‘The Survivorship Care Model At MSKCC’ (2013) 35 Oncology Times
E, ‘Licenses: Tenancy In Common: Effect Of License Granted By One Tenant In Common’ (1925) 13 California Law Review
Raj M Abdul-Malik, ‘OWNERSHIP, STRUCTURE AND AGENCY COSTS IN UK FIRMS’ (2007) 4 Corporate Ownership and Control
R. W., ‘Real Property — Restrictive Covenant — No Building Scheme — Covenants Not Expressed To Be For The Benefit Of
Adjacent Land—Covenants No Longer Effective—Declaration By Court Under Law Of Property Act, 1925, S. 84, Sub-S. 2—Land Registration Act, 1925, S. 82.’ (1932) 4 The Cambridge Law Journal
Warren J, ‘The Law Of Property Act, 1922’ (1923) 21 Michigan Law Review
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