Suggested Answer to Exercise 10.3 (Part 1)
Approaching the Question
- It is only an illustration. There is no one right way to answer any question.
- It is in note form – you need to develop and practice your own style of answering questions.
- There are two main themes likely to be raised in problem questions concerning co-ownership.
- Who is beneficially entitled to the land and in what shares? This requires you to establish the beneficial interests of the co-owners (joint tenants or tenants in common) using the rules considered in Chapter 10 of Land Law.
- The rights and obligations of the parties, and the resolution of any disputes. The rules relating to these issues are mainly found in TOLATA 1996 and are considered in Chapter 11 of Land Law.
It is important to be able to quickly distinguish these two themes. Each theme has its own set of rules. It will not be easy for the examiner to award marks if the wrong set of rules has been used, no matter how accurately the rules themselves have been stated. (Some questions, such as this one, focus on one of these themes, but you might be required to address both themes in a single question.)
Before you go to the next page, make notes under the following headings:
- What rules should you use to determine the nature of beneficial ownership at the date of acquisition of the land?
- What rules should you use to determine the relationship between the beneficial owners at the end of the narrative?