E+T Tragedy, TOLATA, Leases, and Licenses Lecture Notes

Flashcards creation based on lecture notes about E+T Tragedy, TOLATA, Leases, and Licenses.

What does TOLATA regulate?

What happens when couples split, managing constructive trusts with concurrent interests through a trustee.

Prior to TOLATA, what was the limitation of beneficiaries rights?

Limited rights with no statutory right of occupation, often leading judges to force a sale.

What was Lord Greene's view in Re Buchanan (1939)?

The task is to determine if the person applying for execution of trust has a voice that should prevail.

What did Jones v Challenger (1961) highlight?

That S.30 still has value.

What principle was emphasized in Re Citro (1991)?

Emphasis on creditors over family needs.

What did Chen v Leung (2002) demonstrate?

Rejection of a sale override under S13 due to the house's size, leaving the decision to judges, not emotions.

What principle did Stack v Dowden (2007) establish?

Presumption of joint ownership can be rebutted based on conduct, such as financial contributions.

In White v White (2015), what was a major factor in the court's decision?

Children's interests as a major factor

What was the key factor in the Mortgage Corp v Shaire (2001) decision?

Fraud

What does Insolvency Act 335A stipulate?

Force of Sale after 1 year unless exceptional circumstances

According to Lorna Fox, what is a difficulty with sale?

Difficult sale can be messy and subjective

According to Clements what is important to co-owners?

Many co owners view their interests as residing and not monetary

According to Hopkins why was pre TOLATA bad?

pre TOLATA inadequately acknowledged the emotional and personal significance people place on their homes.

According to Dixon 2024 what are the 2 types of estate under LPA 1925?

Legal and equitable interest.

What is the Thomas v Sorrell definition of a License.

License is entitlement to use the premise.

What is the difference between leases and licenses?

Leases are binding on successor, licenses are not.

What is the Street v Mountford definition of a lease?

Granted exclusive possession for a fixed or periodic term certain in consideration of payments.

According to Coby 2001 what did the law have?

only once the HOL had ruled exclusive possession was the crucial factor did the law develop a degree of rationality

What case demonstrates EP despite separate agreements?

Antoniades v Villiers (1990)

What case highlights not EP as did not have four unities?

AG Securities v Vaughan (1990)

What was the decision in Aslan v Murphy (1990)?

Lease granted despite 22.5 hour occupancy, attempt at a sham? + if intention for EP, there will be EP

Under Norris v Checkfield (1991) when do leases terminate?

Terminates with employment

With regards to EP, how are public sector landlords looked at?

Public sector landlords in privileged position- Templeman - giving lease would defeat purpose of agreement

What is a Bruton Lease?

Lease can arise with EP even if grantor has license, however, non proprietary + therefore cannot bind third parties

What case demonstrates indefinite term?

Lace v Chantler (1944) - WW2 was indefinite term

What is the ruling in Prudential (1991)

Until road widening' uncertain - leases must be determinable - justified periodic terms

According to S205(1)(27) LPA 1925, is rent necessary?

'term of years' can exist 'whether or not at rent' - non essential