Land Law problem question - Essay Example

No individual joint tenant holds any specific share in the property. 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) right of survivorship. If land is conveyed to more that four persons, 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 common' or 'in equal shares’ or ‘equally’ or 'share and share alike' (words of severance).

All 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 equitable 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. . Scarborow[2004] 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 of survivorship is that the property does not have to go through probate. Probate is the legal process that occurs when one person dies, and a court deals with that person's property and debts according to a will 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 charity 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 entire estate remains vested in the surviving joint tenants, who continue to be treated as a single unit. The deceased joint tenant’s interest ends on death and is subsumed into the interests of the survivor(s) so that nothing passes to his beneficiaries. Unless the beneficial joint tenancy has been severed prior to death, the dead man’s estate will have no claim on the property in question.

2 The right of survivorship takes precedence over any disposition made in the deceased joint tenant’s will, or over any rules of intestacy. Hence, even if X will dispose her share in the house in her will, leaving 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 advise 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