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. Which one of the following statements is TRUE?

A tenancy in common requires none of the four unities. correct incorrect

A tenancy in common requires all four unities. correct incorrect

A tenancy in common requires the unity of possession only. correct incorrect

A tenancy in common requires unity of possession and unity of interest only. correct incorrect

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. Which one of the following statements is TRUE in respect of severance by written notice under s36 LPA 1925?

Written notice must be served by registered post to all joint tenants to be effective. correct incorrect

Written notice need not be read by all intended recipients for it to be effective. correct incorrect

Written notice must be given with the consent of all the joint tenants. correct incorrect

The intention to sever communicated in a written notice need not be immediate or irrevocable. correct incorrect

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. Which one of the following statements is FALSE?

An express declaration of a beneficial joint tenancy will always prevail. correct incorrect

There can only be a maximum of four trustees on the legal title. correct incorrect

Equitable title may be held as either a joint tenancy or a tenancy in common. correct incorrect

Outside the context of a family home, unequal contributions towards the purchase price generally leads to an equitable presumption of a tenancy in common. correct incorrect

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. Which one of the following statements is TRUE?

An application for sale by a trustee in bankruptcy is governed by ss 14 and 15 TLATA. correct incorrect

Where the bankrupt is also a trustee of the co-owned land, the trustee in bankruptcy will take over as trustee. correct incorrect

Where an application for sale is made by a trustee in bankruptcy more than one year after bankruptcy is declared, an order for sale is inevitable. correct incorrect

Bankruptcy is a form of severance. correct incorrect

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. Which one of the following is NOT an effective mode of severance?

An oral declaration of an intent to sever correct incorrect

Written notice correct incorrect

Mutual agreement correct incorrect

Total alienation correct incorrect

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. Property is expressly conveyed to D, E, F, G and H as beneficial joint tenants. D contributed 60% towards the purchase price with E, F, G and H contributing the remaining 40% equally between them. What will be the position in law and in equity?

D, E, F and G hold legal title as joint tenants on trust for D as a tenant in common as to three-fifths and E, F, G and H as tenants in common as to one-tenth each. correct incorrect

D, E, F, G and H hold legal title as joint tenants on trust for D, E, F, G and H as joint tenants in equity. correct incorrect

D, E, F and G hold legal title as joint tenants on trust for themselves and H as joint tenants in equity. correct incorrect

D, E, F, G and H hold legal title as tenants in common: D as to three-fifths and E, F, G and H as to one-tenth each. D, E, F, G and H hold equitable title as tenants in common: D as to three-fifths and E, F, G and H as to one-tenth each. correct incorrect

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. Following on from the scenario in question 6 above, G successfully severs her interest. What will now be the position at law and in equity?

D, E, F and G hold legal title as joint tenants on trust for D, E, F and H as beneficial joint tenants and G as tenant in common as to one-fifth share. correct incorrect

D, E, F and G hold legal title as joint tenants on trust for D, E, F and H as beneficial joint tenants and G as tenant in common as to one-tenth share. correct incorrect

D, E and F hold legal title as joint tenants and G as tenant in common on trust for D, E, F and H as beneficial joint tenants and G as tenant in common as to one-fifth share. correct incorrect

D, E and F hold legal title as joint tenants and G as tenant in common on trust for D, E, F and H as beneficial joint tenants and G as tenant in common as to one-tenth share. correct incorrect

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. Which case demonstrates that mutual agreement may be effective severance without being contained in a specifically enforceable contract?

Re Draper's Conveyance (1969) correct incorrect

Burgess v Rawnsley (1975) correct incorrect

AG Securities v Vaughan (1990) correct incorrect

Re Citro (1991) correct incorrect

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. Which of the following statements is FALSE?

Severance takes effect at both law and in equity. correct incorrect

Severance must take place inter vivos. correct incorrect

Severance generally has a unilateral effect on the severing tenant only. correct incorrect

A successful severance means that the right of survivorship no longer applies to the tenant who has severed. correct incorrect

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. In the case of Re Evers Trust (1980) which key consideration under s15 TLATA 1996 influenced the court in reaching its decision not to order a sale of the property?

Intention correct incorrect

Purpose correct incorrect

Educational needs of any minors correct incorrect

Interest of secured creditors correct incorrect

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. Amin, Bilal, Cliff, David and Enrique purchased Green Farm as an investment and new business venture. It was conveyed to them as beneficial joint tenants. Sadly, Bilal has died and his family are claiming a share of the farm in proportion to his 40% contribution to the purchase as Bilal's will left all his property to them. Advise the other co-owners.

As Bilal died whilst a joint tenant then the principle of survivorship applies and the other joint tenants absorbed by the other joint tenants. correct incorrect

Bilal's family will claim his 40% interest under resulting trust principles. correct incorrect

Bilal has severed his interest by his will correct incorrect

Enrique will become a legal owner with the remaining legal joint tenants. correct incorrect