Chapter 8 Self-test Questions

. Someone remarks to you 'My friends Peter, Michael and Jack own that office block over there in undivided shares'. What is meant by this statement?

Peter, Michael and Jack are legal tenants in common of the office block.

Peter, Michael and Jack are co-owners of the office block; it may be as joint tenants or as tenants in common.

Peter, Michael and Jack are tenants in common in equity of the office block.

Peter, Michael and Jack are joint tenants in equity of the office block.

. Mateo died last week, aged 45. His will left his estate 'to be divided between my three children Natalia, Maks and Ola. They are to have equal rights, but they are not to get those rights until Ola, the youngest, is 21'. What is the effect of this disposition?

The four unities are present, so it follows that there must be a joint tenancy in equity.

The words 'to be divided between' indicate a tenancy in common.

There is no unity of time, as the children are of different ages; therefore they must be tenants in common.

There is a joint tenancy, as gifts by parents to their children are conclusively presumed to be as joint tenants.

. Three brothers Joel, Daniel and Ethan are joint tenants in equity of Home Farm.
Joel dies in 2014; his will leaves 'my interest in Home Farm to my wife Tricia'.
Daniel dies intestate in 2015; Frances, his widow, is sole statutory next of kin.
Ethan dies in 2016; his will leaves 'all my property to my friend, Camila'.
Who now owns Home Farm?

Tricia, Frances and Camila own one-third each in undivided shares.

Tricia, Frances and Camila are joint tenants.

Camila is sole owner.

Tricia has a one-third share in equity, Camilia has a two-thirds share.

. In 2000, Hightrees, then owned by L (unregistered title) was conveyed to 'M, N, O, P, Q and R as tenants in common in equal shares'. At the time, O was only seventeen. In the few weeks between the conveyance and first registration, what was the position as regards ownership?

Legal ownership remains with L, on trust for M, N, O, P, Q and R as tenants in common in equal shares.

Legal ownership is vested in M, N, P and Q on trust for M, N, O, P, Q and R in equal shares.

Legal ownership is vested in M, N, P and Q, on trust for M, N, P, Q and R in equal shares.

Legal ownership is vested in M, N, P, Q and R, in trust for M, N, O, P, Q and R in equal shares.

. At some time between 1926 and 1996, number 78 Hartopp Avenue was conveyed 'To F, G, H, J, K and L as joint tenants in equity'. All six people are of full age. What was the result of this conveyance?

All six are joint owners of the legal fee simple - there is no trust.

There was a trust for sale, with all six people both as trustees and beneficiaries.

There is a trust for sale. F, G, H and J are the trustees. All six are beneficiaries as joint tenants in equity.

There is a trust for sale. All six are beneficiaries as tenants in common.

. Paolo, Oksana and Jemal are Urban Estates Surveyors who carry on business in partnership. Their office, 15 Regent Street, Simptown, is registered in their joint names. When they bought the office 10 years ago, it cost £450,000. Each partner contributed £150,000. (There was no mortgage.) What is the equitable coownership of 15 Regent Street?

Applying Stack v Dowden, there is a strong presumption of joint tenancy in equity.

The partners made equal contributions, so they are joint tenants in equity.

As the three people are business partners, they will be presumed in equity to be tenants in common in equal shares.

Unless the Land Registry describes the partners as 'tenants in common', they will be joint tenants.

. W, X, Y and Z are joint tenants in equity of Hilltop House. Z severs his interest by giving notice to W, X and Y. W dies; her will leaves all her property to H. What is the current equitable ownership of Hilltop House?

H ¼, X ¼, Y ¼, Z ¼ as tenants in common.

X and Y are joint tenants. No one else has an interest.

H ¼, X and Y joint tenants as to one half, Z ¼.

Z ¼ as tenant in common, X and Y joint tenants as to ¾.

. Saif, Tal and Uday are joint tenants in equity of 53 Oakmill Road. Uday wants to sever the joint tenancy. Which of the following methods will definitely work?

Orally tell Saif and Tal that he is severing.

Send notices of severance through the ordinary post to Tal's last known address and to Saif's last known residence.

Mortgage her interest to secure a loan.

Make a will leaving his interest to 53 Oakmill Road to the local Stamp Collectors Club.

. Lawrence and Penny are joint tenants in equity of 68 Landsdowne Avenue. Lawrence is a very successful businessman with substantial assets in his sole name. He is in poor health; he has already had two heart attacks.
The marriage between Lawrence and Penny has broken down. Penny wants a substantial slice of Lawrence's assets, but, knowing that Lawrence might die at any time, she does not want to sever the joint tenancy in 68 Landsdowne Avenue. How should Penny's solicitor draft the divorce petition?

The petition should apply for maintenance, but not for a property adjustment order.

The petition should apply for a property adjustment order in exactly the same terms as was used by the wife in Harris v Goddard.

The petition should contain an application that 68 Landsdowne Avenue should be sold as soon as possible.

The petition should contain no financial applications whatsoever.

. Alice and Beatrice are joint tenants in equity of 99 Grove Road, in which they live. Beatrice wishes to sever the joint tenancy. On 1^st June, about noon, Beatrice signs a notice of severance drafted by her solicitor. He then immediately posts the letter recorded delivery. In what circumstances will there be an effective severance?

Alice died at 10.00 am on 1^st June.

Alice died in the late evening of 1^st June.

Alice dies on 3^rd June. When the postman called on 2^nd June, Beatrice signed for the letter. She put it in a prominent place, but their dog ate the letter before Alice got home.

Alice died on 3^rd June. The letter was returned by the post office 'undelivered' to the solicitor's office.

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