Co-Ownership and joint tenancy problem question
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published 13/08/2008
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Summary
In order to advise Phillip, Claire and New Ventures plc in relation to enforceability of their rights in the property (the Property), it will be necessary to consider the complex legal system governing co-ownership of land.With regard to property ownership in law, section 1(6) of the Law of Property Act 1925 (LPA) asserts that “a legal state is not capable of subsisting or of being created in an undivided share in land”. Accordingly, the sole mechanism for legal co-ownership of land is by joint tenancy. A valid joint tenancy in law must satisfy the ancient requirements of the four unities namely; unity of possession, unity of interest, unity of title and unity of time .
Table of Contents
- Introduction.
- Unity of possession.
- The case of Claire and Samuel.
- Joint tenancy.
- The case of Drake v Whipp.
- Conclusion.
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