StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Land Law problem question - Essay Example

Cite this document
Summary
Answer: My advice to X is that, since she, X, and Y and Z had purchased a single and unfragmented title on the No 6 Belitha Villas, under the LPA 1925 they were co-owners of land and they hold the legal title as joint tenants and the term joint tenant has a technical legal meaning…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER95% of users find it useful
Land Law problem question
Read Text Preview

Extract of sample "Land Law problem question"

Download file to see previous pages

No individual joint tenant holds any specific share in the property. The following are features of joint tenancy: i) the presence of the ‘four unities’ which are unities of possession, interest, title and time and ii) right of survivorship. If land is conveyed to more that four persons, the first four of legal age named in the conveyance hold the legal estate as trustees (LPA 1925, s.34(2)) and joint tenants. If the transfer or conveyance contains the following phrases that the parties hold ‘as joint tenants’ or 'as tenants in common' or 'in equal shares’ or ‘equally’ or 'share and share alike' (words of severance).

All these and similar terms negate a joint tenancy in equity as discussed in the case of Sleebush v. Gordon & Others [2004] All ER (D) 148 (Sep). But in the absence of contrary evidence, co-owners are presumed to hold the equitable interest as joint tenants in accordance with the principle “equity follows the law” as held in the case of Stack v Dowden [2007] UKHL 17. However, this presumption can be displaced and should not be embarked upon except in cases of unusual nature. Until recently, where purchasers contributed unequally to the purchase price, there was an equitable presumption of a tenancy in common rebuttable by evidence of contrary intention as held in the case of Goodman v Gallant [1986] 1 Fam LR 513. . Scarborow[2004] EWCA Civ 411 (business partnership), and Malayan Credit v.

Jack-Chia MPH Ltd [1986] AC 549 (business tenants). One of the great benefits of a joint tenancy with right of survivorship is that the property does not have to go through probate. Probate is the legal process that occurs when one person dies, and a court deals with that person's property and debts according to a will or, if the person had no will, state law. Probate is often annoying and time-consuming. Joint tenants, however, do not have to go through probate for their property because the transfer of ownership is automatic.

1 Anent the desire of X to leave her share in the house to the charity in the will, my advise to her is that, under the doctrine of the right of survivorship (jus accrescendi), on the death of one joint tenant, the entire estate remains vested in the surviving joint tenants, who continue to be treated as a single unit. The deceased joint tenant’s interest ends on death and is subsumed into the interests of the survivor(s) so that nothing passes to his beneficiaries. Unless the beneficial joint tenancy has been severed prior to death, the dead man’s estate will have no claim on the property in question.

2 The right of survivorship takes precedence over any disposition made in the deceased joint tenant’s will, or over any rules of intestacy. Hence, even if X will dispose her share in the house in her will, leaving this to the chosen charity, the same cannot be given credence. The law does not recognize an attempt at severance by will because of the right of survivorship. My advise to Z is that, if she will apply to the court for an order that No 6 Belitha Villas be sold, she has the onus of proving the severance since she was the one who is seeking

...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Land Law problem question Essay Example | Topics and Well Written Essays - 1000 words”, n.d.)
Retrieved from https://studentshare.org/environmental-studies/1417051-land-law-problem-question
(Land Law Problem Question Essay Example | Topics and Well Written Essays - 1000 Words)
https://studentshare.org/environmental-studies/1417051-land-law-problem-question.
“Land Law Problem Question Essay Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.org/environmental-studies/1417051-land-law-problem-question.
  • Cited: 0 times

CHECK THESE SAMPLES OF Land Law problem question

Construction Adjudication Law: Legal Problem

The architects in question who did the preliminary design had the obligation to check the ground conditions and foundation requirements.... Scope of Adjudication The main issue of contention is to define the actual question and the actual point of law that the adjudicator of the case at hand was supposed to handle.... This is in response to the accusation of the CEO of PDP that the adjudicator addressed the wrong question.... PART A Construction Adjudication Law – Legal problem This report is a legal advise for two parties in a construction adjudication dispute....
16 Pages (4000 words) Coursework

Law Problem Questions

U law problem question 



 ... This paper ''law problem Questions'' tells that According to the Criminal Justice Act of 2003, it is common knowledge that it is possible to charge someone with a crime for which there is insufficient hard evidence, but ample circumstantial evidence.... hellip; Based upon the reputation that daily builds one's character, law enforcement officials can piece together a story for the judge that details what this person's life is like, what his usual routines are, and other details that might be substantially important in deciding one's guilt or innocence....
10 Pages (2500 words) Essay

Purchase of Land in the Outback, in New South Wales

The Council clerk made a mistake in checking the records, which actually showed that the particular land in question had actually been flooded on previous occasions, and instead gave an all-clear certificate.... Name 25 July 2011 First problem Briefly stating the facts, Rhett, a land developer was interested in purchasing a land in the Outback, in New South Wales.... Now, the problem that Rhett is facing has a solution in Law of Torts.... We will first understand the three ingredients of negligence, and then go on to observe whether the problem at hand actually amounts to negligence, and if so, what the recourse that Rhett has is in this given scenario....
7 Pages (1750 words) Essay

Public Law and Administration

[PUBLIC law AND ADMINISTRATION] (Name) (Instructor/Tutor) (Course/Subject) (Institution/ University) (City, State) (Date) Abstract In this paper, advice on the possible success of a judicial review application, bringing action in private law or seeking redress through alternative grievance resolution mechanisms involving four different cases is provided.... This paper provides advice on the possible success of a judicial review application, bringing action in private law or seeking redress through alternative grievance resolution mechanisms involving four different cases....
10 Pages (2500 words) Essay

Propery Law in the United Kingdom

Anderson over the propertyAnswer:For us to give an answer to the issues of the question, let us first take an overview of the property law in the United Kingdom where the facts of the question arose.... Rogers Adrian did not report any problem after checking the Glebe House personally and recommended that the House is good for the price.... The exercise of this right was mostly based from common law jurisdictions that were prevalent during the ancient times at the United Kingdom....
9 Pages (2250 words) Case Study

The Analysis of The 1969 Vienna Convention

?The Convention in question had been ratified by 111 countries of the world in the year 2010.... Answer: Before commenting on 1969 Vienna Convention on the law of treaties for the case presented under reference, let us look at the Vienna convention 1969 and its scope first, before analysing its applicability on the members' states.... The Vienna convention on the law of… The Convention became fructuous with effective from 27th January 1980....
10 Pages (2500 words) Essay

Immanuel Kants Solution to Human Problems

This paper ''Immanuel Kant's Solution to Human Problems'' tells that In this discussion, it is important to start with a little history about Immanuel Kant.... Kant was a German philosopher who lived in the 18th century.... Immanuel Kant was born in 1924 and globally recognized for his contribution to the field of philosophy....
6 Pages (1500 words) Research Paper

Controlling Threats of Internal Validity

The paper "Controlling Threats of Internal Validity" describes that the possibility of correlation is strengthened in case a time-lapse occur between measurements of variables being studied since it leads to the prediction of outcomes, which acts as a supporting tool to analyze outcomes.... hellip; Single-subject research can be rated as four, on a scale of 1-10, since the research, demands conducting the research that is limited to a particular group and further involves only a single variable....
22 Pages (5500 words) Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us