Chapter 5 Multiple Choice questions

. 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.

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

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

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

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

. 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.

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.

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.

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

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

Survivorship operates automatically on death.

Survivorship does not operate in the domestic context.

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.

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.

. 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.

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

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

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

. 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.

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

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

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

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

. 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.

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

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.

Severance can be effected by will.

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.

. 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.

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

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

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

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.'

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

Williams v Hensman (1861)

First National Security v Hegerty (1965)

Re Draper's Conveyance (1969)

Nelson-Jones v Fedden (1975)

Burgess v Rawnsley (1975)

f. Kinch v Bullard (1999)

. 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.

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.

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.

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.

. 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

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

Bankrupt had terminal cancer with life expectancy of six months

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

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

Bankrupt suffers from various chronic conditions related to stroke and diabetes

Chapter 5 Multiple Choice questions

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