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. Two forms of co-ownership are recognised in our land law: the joint tenancy and the tenancy in common. Which one of the following statements about them is correct?

For a joint tenancy to exist, there need only be unity of possession. correct incorrect

For a tenancy in common to exist, all four unities must be present. correct incorrect

For a joint tenancy to exist, there need only be unity of interest, title, and time. correct incorrect

For a joint tenancy to exist, all four unities must be present. correct incorrect

The four unities no longer apply in the co-ownership context. correct incorrect

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. What is the doctrine of ius accrescendi? Select the most accurate statement out of the following list.

Ius accrescendi is another name for severance, which operates to convert the severing joint tenant's joint tenancy into a tenancy in common. correct incorrect

Ius accrescendi is another name for a joint tenancy, under which each joint tenant is wholly entitled to the whole interest in land and no joint tenant can point to a divided share. correct incorrect

Ius accrescendi is another name for the doctrine of survivorship which operates such that, on the death of a joint tenant, the deceased's interest automatically passes or 'survives' to the remaining joint tenants. correct incorrect

Ius accrescendi is the principle that she who comes to equity must do so with clean hands. correct incorrect

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. As to the operation of the doctrine of survivorship, which one of the following statements is incorrect?

Survivorship operates automatically on death. correct incorrect

Survivorship does not operate in the domestic context. correct incorrect

When all but one joint tenant has deceased, that single remaining joint tenant is a co-owner no more and instead becomes absolutely entitled to the land in question. correct incorrect

Section 184 of the LPA 1925 provides that where two or more joint tenants have died in circumstances rendering it uncertain which of them survived the other, the deaths are presumed to have occurred in order of seniority, and accordingly the younger shall be deemed to have survived the elder. correct incorrect

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. Which one of the following statements is correct as to co-ownership at law?

At law, co-ownership can only exist under a joint tenancy and severance cannot take place. correct incorrect

At law, co-ownership can exist under either a joint tenancy or a tenancy in common. correct incorrect

At law, co-ownership can only exist under a tenancy in common. correct incorrect

At law, there can be a maximum of five legal co-owners. correct incorrect

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. Co-ownership in equity can exist under either a joint tenancy or a tenancy in common. A series of presumptions assist us to determine the precise co-ownership relationship. Which one of the following is not an evidential presumption for this purpose?

Equity follows the law: presumption of joint tenancy in equity. correct incorrect

Equity prefers a joint tenancy: presumption of tenancy in common in equity. correct incorrect

Unequal contributions to purchase price outside the domestic context: presumption of tenancy in common in equity. correct incorrect

Advance of mortgage loan to two or more mortgagors: presumption of tenancy in common in equity. correct incorrect

Commercial/business partnerships and business tenants: presumptions of tenancy in common in equity. correct incorrect

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. As to the effect of severance of a joint tenancy in equity, which of the following statements is incorrect?

Severance operates to convert a joint tenancy in equity into a tenancy in common in equity. correct incorrect

Severance can only operate in equity as there can be no severance at law. correct incorrect

Where an equitable joint tenant severs, she becomes an equitable tenant in common. Severance does not have any effect on the remaining co-owners whose status remains unchanged until such time as they sever. correct incorrect

Severance can be effected by will. correct incorrect

Where an equitable joint tenant severs, she is entitled to a share of the co-owned land which is proportionate to the total number of joint tenants. correct incorrect

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. As to severance by written notice, which of the following statements is incorrect?

Severance by written notice is one of just two methods of severance that is unilateral in nature. correct incorrect

A written notice of severance must express a clear, unequivocal and immediate intention to sever. correct incorrect

A written notice of severance must be served on all other joint tenants if it is to be effective. correct incorrect

A written notice of severance must be received and read by the other joint tenants to be effective. correct incorrect

Section 196 of the LPA 1925 provides that a written notice of severance is deemed to have been served when it is left at the joint tenants' last known address or place of business. Where delivery is made by way of a registered post, a notice is served when it 'would in the ordinary course be delivered.' correct incorrect

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. Which of the following is the leading case on severance by mutual conduct?

Williams v Hensman (1861) correct incorrect

First National Security v Hegerty (1965) correct incorrect

Re Draper's Conveyance (1969) correct incorrect

Nelson-Jones v Fedden (1975) correct incorrect

Burgess v Rawnsley (1975) correct incorrect

f. Kinch v Bullard (1999) correct incorrect

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. Where there is a dispute over co-owned land, how can an indebted (but solvent) joint tenant have that dispute adjudicated by the court? Select one of the following.

An application can be made under s. 30 of the LPA 1925 for the court to determine the dispute having regard to all the circumstances of the case. correct incorrect

An application can be made under s. 14 of TOLATA; that dispute being resolved by the court having regard to the list of factors in s. 15 of the same statute. correct incorrect

An application can be made under s. 14 of TOLATA; that dispute being resolved by the court having regard to s. 335A of the Insolvency Act 1986. correct incorrect

Co-ownership operates behind a trust for sale meaning that, should a dispute arise, the co-owned land will be sold and the proceeds divided between co-owners. correct incorrect

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. Where a co-owner becomes bankrupt and her interest vests in a trustee in bankruptcy, disputes between the co-owners as to whether the property should be sold are resolved under s. 335A of the Insolvency Act 1986. If an application for sale of the co-owned land is made more than 12 months after the bankrupt's interest has vested in the trustee in bankruptcy, under s. 335A(3) of the IA 1986, the court will 'assume' that the interests of the bankrupt's creditors outweigh all other considerations unless exceptional circumstances exist. Which of the following has been held not to amount to 'exceptional' circumstances?

Spouse of the bankrupt has paranoid schizophrenia correct incorrect

Spouse of bankrupt has reduced life expectancy due to renal failure/arthritis correct incorrect

Bankrupt had terminal cancer with life expectancy of six months correct incorrect

The problem of finding a new home or moving dependent children to new schools correct incorrect

Postponement of sale would significantly increase value of property due to insurance claim correct incorrect

Bankrupt suffers from various chronic conditions related to stroke and diabetes correct incorrect