Although the co-owners hold the beneficial interests in the property as tenants in common in equal (or unequal) shares, they hold the legal estate as joint tenants, and survivorship applies on the death of one of the joint tenant. Thus, on the death of the mother, the legal estate is automatically vested in the three survivors who then held the property upon trust for themselves and the estate of the mother as tenants in common. On the subsequent death of the father, the legal estate is automatically vested in the two sons who held

In the transaction described in this Q&A, the property is held as tenants in common for H’s estate and for W. C1 and C2 (in their dual capacity as executors of H’s estate and LPA attorneys of W) wish to sell W’s share of the property to C1. After the transaction, the property would be held as joint tenants for H’s estate and C1. Is it necessary to appoint an additional trustee to overreach the interest of H’s estate? Given that the property is held as tenants

This situation could be effected by a transfer (TR1) from husband and wife to husband and daughter reflecting the latter parties’ holding as tenants in common in equal shares. The TR1 should contain a restriction to protect that position (see LRPG19). We

The answer to the question depends on the precise terms of the Will. We understand that there is an interest in possession for the testator's widow, with remainder to be held on discretionary trusts, which include the widow within the class of discretionary beneficiaries, but we are not told whether there is a an overriding power of appointment over the funds held on life interest trusts. If there is a power of appointment over the funds held on life interest trusts and if the widow is an object or one of the objects

Legal ownership of a property in England and Wales where there is more than one proprietor will always be as joint tenants. This means that each owns the indivisible whole; and if one dies, the other seamlessly becomes the sole owner (or if there are more than two legal owners, each diminishing number of owners does, until there is only one left). This is known as the doctrine of survivorship. There is no transfer, and the interest of the co-owner does not fall into their Estate; rather their interest is simply extinguished. Co-owning legal joint tenants hold the beneficial interest of the property on trust for the beneficial

Section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) gives the court the jurisdiction to resolve disputes in respect of the ownership of property. TOLATA 1996, s 14(2) states that on an application for an order under this section, the court may make any such order: ‘…a) relating to the exercise by the trustees of any of their functions (including an order relieving them of any obligation to obtain the consent of, or to consult, any person in connection with the exercise

This question is about the issue of what expenditure or work can be offset against a claim for occupation rent. When cohabitants separate and one remains in a property in which it is agreed or determined that the other has a beneficial interest, there may have to be an account taken of occupation rent. Following Stack v Dowden it is clear that the statutory principles contained in the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) must be applied. In simple terms, these enable the court to order the

Where a property is held by one legal owner (party A) but another person (party B) claims to be entitled to a beneficial interest in the property, party B’s interest will usually arise as a result of either a resulting or a constructive trust. The basis for a resulting trust is the presumed intention of the parties. It will arise where land is conveyed to one person such as party A, but the purchase money is provided in whole or in party by another, party B. A constructive trust will be imposed in a number of

A covenant restricting the use of land imposed for the seller’s own benefit is personal to the seller and only

With respect to Housing Act 1985 (HA 1985), the following notes derive from those printed in Halsbury's Statutes Vol 21 (2018 reissue), title Land, Tenancies and Housing: ‘Consolidation of the Housing Acts This Act, together with the Housing Associations Act 1985 and the Landlord and Tenant Act 1985, consolidates several enactments relating to housing, and a few relating to the law of landlord and tenant, with amendments to give effect to recommendations of the Law Commissions made in their report on this consolidation (Law Com No 144) (Cmnd

We have been unable to find any case law on the interpretation of ‘open storage’. Without further information, it is not immediately obvious whether parking of vehicles on the land as part of a car-valeting business is a breach of the covenant. Applying ordinary principles of construction, the words must be given their natural and ordinary meaning in the context of the agreement, the parties’ relationship and all the relevant facts surrounding the transaction so far as known to the parties. As to storage, Lord MacNaghten stated in Thompson v Equity Fire Insurance Co at paragraph 596, HL: 'What is the meaning of the

Public right of way Public rights of way (PROW) are highways that allow the public a legal right of passage. They have the same status and protection in law as highways and remain in existence until legally closed, diverted or extinguished. It is a criminal offence to obstruct a PROW. A PROW can be diverted, stopped up or created by a 'Public Path Order' (PPO) (sections 118–119 of the Highways Act 1980 (HA 1980) and sections 247–261 of the Town and Country Planning Act 1990). For more information, see Practice Note: Public rights of way. An easement may be established by long use by statute under the Prescription Act 1832. For more information, see Practice Note: Acquisition of easements by long use. This