Suggested Answer to Exercise 11.4 (Part 2)
Planning Your Answer
- What interests do the parties have in the land?
- What are the consequences of Denise selling her interest to Amanda?
- Can Florence and Michael insist upon the house being divided?
- What are the possible implications of Ben’s financial difficulties?
- Principles of co-ownership
- All co-owned land is held on trust – dividing legal and equitable ownership
- The relationship between the co-owners is regulated by TOLATA 1996.
- Interests in the land
- Must be joint tenants (LPA 1925, ss.1(6), 34(2));
- Maximum of four legal joint tenants (LPA 1925, s.34(2)).
- The four unities;
- Words of severance in the deed of transfer;
- Presumption of a tenancy in common.
- Powers and duties of trustees: especially TOLATA 1996, ss 11-13
See Land Law, Section 11.4.
- Resolution of disputes by the court
- Applications: TOLATA 1996, s 14
- Relevant factors: TOLATA 1996, s 15 and Insolvency Act 1986, s 335A
See Land Law, Section 11.5
- All co-owned land is held on trust.
- The relationship between the co-owners is regulated by TOLATA 1996
- Ownership of the land
- Sale by Denis of her interest to Amanda
- Consequences at law
- Consequences in equity
- Division of the house into two maisonettes
- The powers of the trustees to control occupation TOLATA 1996, ss12-13;
- Application to the court: TOLATA 1996, s 14;
- The s 15 factors.
- Ben’s financial difficulties
- Section 15(1)(d)
- Section 15(4) of TOLATA and section 335A of the Insolvency Act 1986.
- Make sure that you have stated your conclusions and that these conclusions follow logically from your reasoning.
Before you go to the next page, prepare a more detailed answer plan, including references to relevant cases and statutes.