Property Law Lecture 7 Flashcards

Flashcards covering key vocabulary and concepts related to co-ownership and property law.

Co-ownership

Arises whenever two or more people are simultaneously entitled in possession to an interest in the same land, whether freehold or leasehold.

Joint Tenancy

Co-owners collectively own the whole and do not have individual interests; includes the right of survivorship.

Tenancy in Common

Each co-owner has a separate and defined share, though the property has not been physically divided.

Unity of Possession

Each co-owner has the right to possess the whole of the land.

Unity of Interest

Co-owners must each hold the same, identical interest in the land.

Unity of Title

Co-owners must acquire their identical interests from the same act, transaction or same document.

Unity of Time

Co-owners must all have acquired their interest at the same time.

Property registered in the name of one person

Presume they are the sole equitable owner.

Property registered in the name of more than one person

Presume they are equitable co-owners of the property

Rosset Approach

Discussion leading to an agreement or contribution to the purchase price.

Balance Sheet Approach

Claimant acquires property rights in proportion to their cash contribution.

Family Assets Approach

Includes non-financial contributions to the household.

Unconscionability Approach

Circumstances in which it would be unconscionable for the claimant to be denied some rights in the property.

Proprietary Estoppel

Court can award whatever it considers appropriate (detrimental reliance).

Severance

Transforms the equitable joint tenancy into a tenancy in common.

Acting on Your Share

One of the tenants seeks to deal with their share, manifesting the intention.

Mutual Agreement

Agreement to sever or deal with the land in a manner that implies severance.

Course of Dealing

Evidence from the course of dealings, e.g., physical partition of the land.

Co-ownership

Arises whenever two or more people are simultaneously entitled in possession to an interest in the same land, whether freehold or leasehold.

Joint Tenancy

Co-owners collectively own the whole and do not have individual interests; includes the right of survivorship.

Tenancy in Common

Each co-owner has a separate and defined share, though the property has not been physically divided.

Unity of Possession

Each co-owner has the right to possess the whole of the land.

Unity of Interest

Co-owners must each hold the same, identical interest in the land.

Unity of Title

Co-owners must acquire their identical interests from the same act, transaction or same document.

Unity of Time

Co-owners must all have acquired their interest at the same time.

Property registered in the name of one person

Presume they are the sole equitable owner.

Property registered in the name of more than one person

Presume they are equitable co-owners of the property

Rosset Approach

Discussion leading to an agreement or contribution to the purchase price.

Balance Sheet Approach

Claimant acquires property rights in proportion to their cash contribution.

Family Assets Approach

Includes non-financial contributions to the household.

Unconscionability Approach

Circumstances in which it would be unconscionable for the claimant to be denied some rights in the property.

Proprietary Estoppel

Court can award whatever it considers appropriate (detrimental reliance).

Severance

Transforms the equitable joint tenancy into a tenancy in common.

Acting on Your Share

One of the tenants seeks to deal with their share, manifesting the intention.

Mutual Agreement

Agreement to sever or deal with the land in a manner that implies severance.

Course of Dealing

Evidence from the course of dealings, e.g., physical partition of the land.

Stack v Dowden

Re-evaluated how beneficial interests are determined in domestic property disputes, emphasizing the parties' intentions.

Jones v Kernott

Clarified that intentions can change over time, allowing courts to impute intentions when necessary to achieve fairness.

Pettitt v Pettitt

Upheld that improvements to a property by one party do not automatically create a beneficial interest.

Gissing v Gissing

Established the principle that a beneficial interest arises from direct contributions to the purchase price or mortgage payments.