Deck 4: Co-Ownership

Question 1

a purchase price resulting trust will arise where the person claiming the benefit of the trust gave money to the legal owner by way of a loan to allow them to purchase the property.

Answer 1

False

Question 2

What was the reason for the postponement of sale in Chun v. Ho?

A) One of the co-owners was much younger than the other
B) The parties had been in a romantic relationship
C) One of the co-owners needed accommodation until the completion of her university studies
D) One of the co-owners needed accommodation until her child had finished at school

Answer 2

C

Question 3

In which case was it made clear that although a mortgagee should not generally be kept out of their money, section 15 Trusts of Land and Appointment of Trustees Act 1996 does not prioritise the needs of the mortgagee and this principle is just one consideration that the courts should take into account?

A) Mortgage Corp v. Shaire
B) Bank of Ireland v. Bell
C) FNB v. Achampong
D) Barca v. Mears

Answer 3

A

Question 4

Which of the following was not a relevant factor in the quantification of the shares in Stack v. Dowden?

A) The fact that the parties had children
B) The fact that the parties had kept their finances separate
C) The fact that one of the parties had contributed significantly more to the purchase price
D) The fact that the parties had come to an express understanding as to the proportions in which they held the house

Question 5

Which cases make clear that an express declaration as to the nature of joint equitable title will be conclusive?

A) Goodman v. Gallant
B) Roy v. Roy
C) Lloyds Bank v. Rossett
D) Williams & Glynn's Bank v. Boland

Question 6

What is the ius accrescendi?

Question 7

What is the effect of section 12 Trusts of Land and Appointment of Trustees Act 1996?

Question 8

What is the effect of notice given under section 36(2) Law of Property Act 1925?

Question 9

What is the effect of section 3 Trusts of Land and Appointment of Trustees Act 1996 and what does this make clear about the nature of the interests that arise behind a statutorily imposed trust?

Question 10

What considerations did the court take into account when considering an application under section 14 Trusts of Land and Appointment of Trustees Act 1996 in Putnam & Sons v. Taylor?

Question 11

What is the effect of a homicide on the ius accrescendi?

Question 12

What is the court's decision in Everett v. Budhram?

Question 13

In a joint tenancy, as opposed to a tenancy in common, each owner is treated as being owner of ___. (4.2)

Question 14

There can be a maximum of ___ joint tenants at law. (4.2)

Question 15

One of the factors to be considered under section 15 Trusts of Land and Appointment of Trustees Act 1996 is the intentions of the persons who established the trust. At what date are these intentions to be assessed?

A) At the time that the trust was set up
B) At the time when proceedings are issued in the court
C) The most recent indications of the intentions of the settlor whenever that might have been
D) At the date that the judgment is handed down

Question 16

Which of the following has been considered as sufficiently 'exceptional' to justify postponing sale under s335A Insolvency Act 1986 when the application for sale comes more than a year after the bankruptcy?

A) Existence of children
B) Children losing their home
C) Depression caused by bankruptcy
D) Terminal illness of a spouse of the bankrupt person

Question 17

Normally, in circumstances where an application is made under section 14 Trusts of Land and Appointment of Trustees Act 1996 the court is instructed to consider section 15 when deciding whether to make an order. In what circumstances will the court be directed to consider s335A Insolvency Act 1986 instead?

A) Where one party has defaulted on their mortgage payments and nothing more
B) Where both parties have become unemployed
C) Where one party with an interest in the land is bankrupt
D) Where one party with an interest in the land is bankrupt and the application is made by the trustee in bankruptcy

Question 18

in cases of disagreement, trustees are under a duty to sell the land subject to the co-ownership under Trusts of Land and Appointment of Trustees Act 1996.

Question 19

section 11 of Trusts of Land and Appointment of Trustees Act 1996 prevents trustees of land from selling the property and overreaching the equitable interests in that property where the beneficiaries do not agree to that sale.

Question 20

the powers in sections 12 and 13 Trusts of Land and Appointment of Trustees Act 1996 destroy the unity of possession.

Question 21

if an equitable owner's interest has priority over the interests of a mortgagee, the court will never order a sale of the property unless the equitable owner consents. Justify by reference to the case law.

Question 22

it is necessarily fatal to a joint tenancy that the joint tenants in fact signed two different conveyance documents.

Question 23

if the interest of an equitable co-owner in registered land is not overreached as a result of there being only one trustee, it is possible for the interest of the equitable owner to bind a subsequent purchaser.

Question 24

overreaching can occur even where the sale is part of a fraudulent plot on behalf of the trustees.

Question 25

in Jones v. Kernott the court concluded that each party was entitled to 50 per cent of the sale proceeds because they could not infer a common intention that the shares be held in proportions other than this.

Question 26

the courts in Nicholls v. Lan and Fort v. Alexander concluded that section 335A Insolvency Act 1986 breaches the Human Rights Act 1998.

Question 27

What is meant by unity of title?

A) The joint owners must all have derived their title from the same conveyancing document
B) The joint owners must agree over the use to which the property is to be put
C) The joint owners must have paid equal amounts in any purchase of their title
D) The joint owners must both live in the property as a family unit

Question 28

Which section of the Law of Property Act 1925 tells us that there cannot be a tenancy in common at law?

A) Section 53
B) Section 205
C) Section 1(6)
D) Section 62

Question 29

Which section of the Law of Property Act 1925 outlines the formality requirements for an express declaration of trust?

A) Section 2
B) Section 52(1)
C) Section 53(1)
D) Section 53(2)

Question 30

Which of the following is not an effective method of severance?

A) Mutual wills
B) An unacted on but firm agreement to sell one person's 'share' to the other
C) An unread but delivered written notice that one party wishes to sever
D) Leaving a share in a will

Question 31

TLATA 1996 transforms the trust of land from a trust with a duty to sell, to one with a ___ to sell. (4.4)