Co-Ownership - Cases

Hammersmith + Fulham LB v Monk

Conveyancing benefit of co-ownership - simpler + clearer

Goodman v Gallant

• express declaration of trust as to beneficial interest of parties is conclusive

Stack v Dowden

• starting presumption is that equity follows the law

Harris v Goddard

• for severance by written notice, notice must be to sever immediately

Kinch v Bullard

• If sent by mail, valid upon delivery to post box, regardless of whether received or not

• Can’t take it back once received

Williams v Hensman

• 3 methods:

• Act operating on share

• Mutual agreement

• Mutual conduct

Hegarty

• Husband’s mortgage of his ‘share’ was severance by act operating on share

Burgess

• Mutual agreement doesn’t need to be formal/ complete as long as common intention to sever + conduct following agreement as though severed