M Dixon ‘Trusts of land, bankruptcy and human rights’ Conv. 2005 Mar/Apr 161 - 167

Considers the impact of the decision in Barca v Mears [2005] on what, up until this case, had appeared to be an almost inevitable order for sale of a co-owned property where the sale application had been submitted by a trustee in bankruptcy.

L Tee ‘Co-ownership and trusts’ Land Law: Issues, Debates and Policy (Willan 2002) 132 - 146

Looks at the concept of a joint tenancy – its advantages and disadvantages. Considers modes of severance. Looks at possible reform ideas.

R Probert Creditors and section 15 of the Trusts of Land and Appointment of Trustees Act 1996: first among equals’ Conv. 2002 Jan/Feb 61 - 67

Looks at whether it is still true to say that the interests of creditors prevail when a court decides whether to sell a family home. What weight should be given to this consideration in comparison to the other factors under s15 TLATA 1996? Particular analysis provided of the decision in Bank of Ireland Homes Mortgages v Bell [2001].

A Baker ‘The judicial approach to “exceptional circumstances” in bankruptcy: the impact of the Human Rights Act 1998’ Conv. 2010 5 352 – 368

Provides a reflective analysis of the effect of the Human Rights Act 1998 on the ‘exceptional circumstances’ test under s335A Insolvency Act 1986.

M Dixon ‘To sell or not to sell: that is the question. The irony of the Trusts of Land and Appointment of Trustees Act 1996’ CLJ 2011 70(3) 579 – 606

Looking at applications for the sale of co-owned property under s14 TLATA 1996 with a review of relevant case law.

M Percival ‘Severance by written notice – a matter of delivery?’ Conv. 1999 Jan/Feb 60 - 67

Looks at the laws response to the question of when a written notice to sever will be deemed effectively delivered under s36(2) LPA 1925. It also assesses how written notice can be withdrawn. Particular consideration is given to the consequences which flow from the decisions of Kinch v Bullard [1999] and Re 88 Berkley Road [1971].

B C Crown ‘Severance of a joint tenancy of land by partial alienation’ LQR 2001 117(Jul) 477 - 492

Considers the logical difficulties that severance by alienation presents but discusses the possibility of such severance by virtue of a) taking a mortgage over the co-owned property, b) leasing the property and c) a declaration of trust. The author concludes that new modes of severance by alienation should be avoided and that perhaps the courts should seek to encourage severance by written notice instead.