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Land Law: Co-ownership and Trusts of Land

Quiz by samparkin92
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Last updated: April 11, 2024
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First submittedMarch 18, 2024
Times taken2
Average score15.4%
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Main statute
Trusts of Land and Appointment of Trustees Act 1996
Statute for meaning of trust of land
S.1 TLATA 1996
Joint tenancy definition
All tenants own whole
Tenancy in common definition
Each tenant has a distinct share in property
Four unities
Possession
Interest
Time
Title
Can you sever a joint tenancy at law?
No
Statute
S.36(2) LPA 1925
Four ways to sever a joint tenancy
Act operating on a share
Mutual agreement
Course of dealing/mutual conduct
S.36(2) written notice
What two 'concepts' did TLATA abolish?
Trust for sale
Doctrine of conversion
Section for settlements
S.2 TLATA 1996
Section for abolition of doctrine of conversion
S.3 TLATA 1996
What are general powers of trustees
Same as an absolute owner
Section
S.6(1) TLATA 1996
When should trustees consult beneficiaries?
So far as practicable
What happens when there is a dispute between beneficiaries?
Listen to majority
Section
S.11 TLATA 1996
When does a beneficiary have a right to occupy?
Interest in possession
Section
S.12 TLATA 1996
What must a trustee have regard to when considering allowing a beneficiaries right to occupy?
Intentions of person(s) who created trust
Purpose of which the land is held
Circumstances and wishes of the beneficiaries
What may a trustee not do?
Unreasonably exclude
Restrict entitlement
Section
S.13 TLATA 1996
Section for applications for an order
S.14 TLATA 1996
Matters relevant for determining actions
Intention of person(s) who created trust
Purposes of property subject to the trust
Welfare of any minor
Interests of any secured creditor
Section
S.15 TLATA 1996
Who does the aforementioned section NOT apply to?
Bankrupt trustees
What section applies?
S.335A (3) Insolvency Act 1986
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