Land Law problem question Essay Example | Topics and Well Written Essays - 1000 words

Land Law problem interrogative - Essay ExampleNo individual joint tenant retains any specific share in the belongings. The following are features of joint tenancy i) the presence of the four unities which are unities of possession, interest, title and time and ii) remunerate of survivorship. If land is conveyed to more that four someones, the first four of legal age named in the conveyance hold the legal estate as trustees (LPA 1925, s.34(2)) and joint tenants. If the transfer or conveyance contains the following phrases that the parties hold as joint tenants or as tenants in roughhewn or in equal shares or equally or share and share alike (words of breakout). each these and similar terms negate a joint tenancy in equity as discussed in the case of Sleebush v. Gordon & Others 2004 All ER (D) 148 (Sep). But in the absence of contrary evidence, co-owners are presumed to hold the honorable interest as joint tenants in accordance with the principle equity follows the law as held in the case of Stack v Dowden 2007 UKHL 17. However, this presumption can be displaced and should not be embarked upon except in cases of unusual nature. Until recently, where purchasers contributed unequally to the purchase price, there was an equitable presumption of a tenancy in common rebuttable by evidence of contrary intention as held in the case of Goodman v Gallant 1986 1 Fam LR 513. ... Scarborow2004 EWCA Civ 411 (business partnership), and Malayan Credit v. Jack-Chia MPH Ltd 1986 AC 549 (business tenants). One of the great benefits of a joint tenancy with right field of survivorship is that the property does not have to go through probate. remit is the legal process that occurs when one person dies, and a court deals with that persons property and debts according to a exit or, if the person had no will, state law. Probate is often annoying and time-consuming. Joint tenants, however, do not have to go through probate for their property because the transfer of ownership is automatic. 1 Anent the desire of X to leave her share in the house to the bounty in the will, my advise to her is that, under the doctrine of the right of survivorship (jus accrescendi), on the death of one joint tenant, the wide estate remains vested in the surviving joint tenants, who continue to be treated as a single unit. The deceased joint tenants interest ends on death and is subsumed into the interests of the survivor(s) so that null passes to his beneficiaries. Unless the beneficial joint tenancy has been severed prior to death, the dead mans estate will have no claim on the property in question. 2 The right of survivorship takes precedence oer any disposition made in the deceased joint tenants will, or oer any rules of intestacy. Hence, even if X will dispose her share in the house in her will, passing this to the chosen charity, the same cannot be given credence. The law does not recognize an attempt at severance by will because of the right of survivorship. My adv ise to Z is that, if she will apply to the court for an order that No 6 Belitha Villas be sold, she has the onus of proving the severance since she was the one who is seeking