a) Jane, Elizabeth, Mary, Kitty and Lydia, five middle-aged sisters, were all left Longbourn Estate in the will of their father, Mr Bennet. In the will, Mr Bennet says that “I have left you all my beloved daughters my house, so that you can continue to live in family harmony and run the family business.” Two years later Lydia died. She left a will leaving all her property, including her share in Longbourn Estate, to her cousin, William. William is now claiming an interest in Longbourn.
b) Derek and James were co-owners of the home in which they lived together for 10 years. They held as beneficial joint tenants, according to an express declaration in the conveyance. In 2007, Derek served on James a notice of his intention to sever the beneficial joint tenancy. However, Derek took the letter when it arrived through the letter box and hid it. He said to himself “James does not have to know”. He then made a will leaving his “half” of the house to Ali. On Derek’s death, Ali claims an interest in the house. James seeks a declaration from the court that he is now the sole and absolute owner of the house.
With appropriate citations and authority, write a clear and concise account of the applicable rule(s). Describe the consequences in respect of the property rights of James and Ali.
Property Law: co ownership help me plz!!!! watch
- Thread Starter
- 04-12-2010 20:30