It is unclear what the relationship between the co-owners is or whether the original property was acquired by them to live in. However, there is no express declaration of trust and, therefore, presumably, there is no restriction in form A on the register requiring the proceeds of sale to be paid to two trustees, as would be the case if the parties held as tenants in common in equal or unequal shares. The legal estate of a jointly owned property will always be held by the co-owners as joint tenants but the beneficial interests may be held differently. The leading

A standard form order for sale will contain a possession order requiring the defendant to give possession to the claimant. Where a possession order has been enforced but the defendant (or in certain cases,

Property covenants may exist in a lease (ie, covenants between landlord and tenant or other parties to the lease) or in respect of freehold land. If it is a leasehold covenant, the question is whether there has been merger of the lease interest with the superior interest. However, the query refers to a deed of release, not a deed of variation, so we assume that the question relates to a freehold covenant. We further assume that all the formalities such as annexation and notice are met, and that there are no unusual features, limits or powers of release

Where a person dies solvent and owning real estate subject to a mortgage, the loan secured by the mortgage is a debt payable by the estate. The personal representatives (PRs) are under an obligation to pay the mortgage debt with due diligence having regard to the assets in their hands properly applicable for that purpose (see Re Tankard). Unlike other debts, special rules apply to the payment of debts charged on the deceased’s property, such as a mortgage debt. The property charged is primarily liable for the payment of the debt, unless the deceased has shown a contrary intention by Will, deed or other document. If a contrary intention is shown, the PRs are authorised to use the estate’s other assets to discharge the mortgage debt. Precisely which assets can be used

Vacant possession Under the Energy Performance of Buildings (England and Wales) Regulations 2012 (EPC Regs 2012), SI 2012/3118, reg 8(2): 'Regulation 6 does not apply in relation to any prospective buyer or tenant of a building other than a dwelling which is to be sold or rented out where— (a) the relevant person can demonstrate that— (i) the building is to be sold or rented out with vacant possession; (ii) the building is suitable for demolition; and (iii) the resulting site is suitable for redevelopment; and (b) the relevant person believes on reasonable grounds that the prospective buyer or tenant intends to demolish the building.' Chapter One of the Energy Performance Certificate (EPC) guidance for Non-Dwellings does not provide any further useful guidance, except in relation to the requirement that the relevant person believes on reasonable grounds that the prospective buyer

Residential property is defined in section 116 of the Finance Act 2003 (FA 2003) as buildings (including parts of buildings) that are: • (1) used as a dwelling • (2) suitable for use as a dwelling, or • (3) in the process of being constructed or adapted

Case study By the terms of A’s Will, A’s 50% beneficial interest in a residential property is held on trust for X for life. The other 50% beneficial interest is owned by X outright. The Will trust gives the trustees the power to apply the proceeds of sale of the property towards the purchase of a substitute property. The trustees wish to sell the original property and purchase a substitute property with X, but are unsure as to their options when purchasing the replacement property. Tenancies in common and joint tenancies In the following case study, where property is held in the following proportions: • 50% by the trustees of A’s Will on trust for X for life • 50% by X absolutely It

Where a property is held by two or more persons on the death of one the property immediately vests in the survivor or survivors. It vests outside any provisions regarding the property contained in the Will of the deceased or any entitlement under the intestacy rules. Where a property is held by persons as tenants in common they each hold an undivided share/percentage/proportion in the proceeds of sale of that property. This is generally

While there is no definitive authority on these questions, it appears likely that one joint owner can terminate a licence to occupy and take possession proceedings without the co-operation of the other joint owner(s): Robson-Paul v Farrugia (1969) 20 P & CR 820

Property in England and Wales is held in two ways—legal ownership and beneficial ownership. Legal ownership denotes the ‘paper owner’ of the property. In the case of registered land, the legal owner will be registered at HM Land Registry. However, the legal owner may hold the property on trust for other beneficiaries, or for themself and other beneficiaries. The starting point is that beneficial ownership follows legal ownership, but it is open to a party to seek to assert that a property ostensibly owned by one party is in fact held by that party on trust. Where property is held on trust, the relevant trust is a trust of land pursuant to the Trusts of Land and Appointment

This question raises the nature of the interest enjoyed by each person who is one of a number of people with a beneficial interest in property: be they joint tenants or tenants in common. In particular, it raises the extent to which such people have freedom to dispose of their interest or create further interests out of it. Where two or more people hold the beneficial interests in a property as joint tenants, they are each regarded as owning the entirety of them. There is no concept of each individual owning a share of the beneficial interests. They do not therefore have an interest which can be assigned or out of which further interests can be created. As a result of the principle of survivorship, when one of them dies, the remaining co-owners continue to hold the entirety of the beneficial interests. The estate of the deceased tenant does not acquire any interest. When there are two joint tenants and

On bankruptcy, a bankrupt is divested of their estate, which primarily means all property belonging to or vested in the bankrupt on the commencement of the bankruptcy. However, this does not apply to property held by the bankrupt on trust for any other person. In the case of jointly-owned property the bankrupt and their co-owner will hold the property on trust for themselves. If the beneficial estate is held jointly and not as tenants in common, the effect of the bankruptcy will be to sever the