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Co Ownership I Notes

GDL Law Notes > GDL Land Law Notes

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A more recent version of these Co Ownership I notes – written by Cambridge/Bpp/College Of Law students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our GDL Land Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Land: Co-Ownership I What is Co-ownership?

- Definition: 2 or more persons together own same estate in same piece of land. successive co-ownership (settlements): different parties entitled in chronological succession. e.g. A: life interest; B: life interest after A; C: fee simple in remainder. rationale: traditionally, ensured land stayed in family. types of settlements: strict settlement; trust for sale; trust of land - dep. on when created. concurrent co-ownership: 2 or more persons own same estate in piece of land at the same time. e.g. husband + wife buy house together + share ownership of freehold. (N.B. this chapter: only concerned with concurrent co-ownership of freehold).

- Unity of possession essential: each co-owner simultaneously entitled to possession of whole of land. if not: just separate owners of different plots of land.

- How does co-ownership arise?
expressly: all parties named on deeds / proprietorship register / lease. impliedly: resulting trust: through contribution to purchase price. constructive trust: Lloyd's Bank v Rossett [1991].

- Practical issues with co-ownership. structure as between co-owners: reflecting different contributions. when 1 co-owner dies ? ensuring right person acquires interest. what do beneficiaries inherit?

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