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Law statute

Where co-owners are registered as joint proprietors, they are deemed to be JTs (s 30(2) TLA)).

Common law

1.

4 unities

a.

Possession: both parties are entitled to undivided possession of the whole of the property. Right to possess is sufficient. Interest: two co-owners’ rights are the same in nature, extent, duration, etc. By way of contrast, one party may have a life estate whilst the other may have a freehold estate. Title: co-owner’s interest derives from the same instrument or act. Time: co-owner’s interests must vest at the same time.

b.

c.

d.

2.

Words of severance

a.

Must not have any words of severance.

b.

Any slight doubt will result in TiC.

Right of survivorship Company’s interest ends when it is dissolved: s 28(2) PLA

Uncertainty as to who dies first: s 184 PLA (death is presumed to have occurred in terms of seniority).

1.Formalisation of legal position: s 50 TLA (enables surviving JT to formalise their position at law to be registered as the sole proprietor of the property if the other JT has passed away). 4. Flexible category Jack Chia: Situations where equity will intervene to impose TiC are not exhaustive. Exam summary missing facts of Jack Chia. Where there are 2 or more mortgages Where JTs become mortgagees. Look out for parties using distinct shares of the property. they will become TiC. pay rates in respective proportions. Equity Equity will follow the law. Unequal contributions to purchase price Where two parties are registered as JTs to property. The parties will then hold the property as TiC on trust in proportions equal to their contributions (Calverly). Business relationships If the parties acquire land for business purposes. 2. equity will intervene if they have made unequal contributions to the purchase price by imposing a resulting trust. . unless there is an exception. they will be TiC. 3.

iii. Mortgage: only will sever for GLL. other JT. After discussing equitable position. Course of dealings . Mutual agreement (Pfieffle) 3. equity may still intervene to impose a JT or TiC. Encumbrance i. but this has not been adopted.Even if a party is a sole owner at law. not for TSL (Lyons) ii. but will revert back to JT afterwards (Frieze). Easement 2. or oneself (VLRC recommended that mere notice to the other party was sufficient. Unilateral severance a.) b. Alienation to TP. Lease: will only suspend the JT and become TiC for the duration of the lease. return back to discuss implications on right of survivorship. Severance of JT Three ways to sever a JT (Williams): 1.

What about severance of JT? (Do it in chronological order) . Would not appear any of the equitable exceptions apply (as repayments of mortgage do not count towards purchase price).Class problem At law. and no words of severance. At common law. F and G are deemed to be JTs are they are registered joint proprietors (s 30(2) TLA). it would also be JT as there are the 4 unities.