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Land: Co-ownership problem watch

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    6 people contribute to the purchase of a house which is conveyed into the names of two of them (A and B) in trust for all six of them as joint tenants (A, B, C, D, E, F).

    Where one of the co-owners (E) sells their share, it becomes severed as they have acted on their share (Williams v Hensman) and the person who they have sold it to is tenant in common.

    However, if E sells their share to one of the existing joint tenants (F), then how is that interest to be held? F is already a joint tenant. Is E's share added to his existing share or does he hold his previous share as joint tenant and his new share as tenant in common?

    Any help would be appreciated.
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    (Original post by HMA)
    6 people contribute to the purchase of a house which is conveyed into the names of two of them (A and B) in trust for all six of them as joint tenants (A, B, C, D, E, F).

    Where one of the co-owners (E) sells their share, it becomes severed as they have acted on their share (Williams v Hensman) and the person who they have sold it to is tenant in common.

    However, if E sells their share to one of the existing joint tenants (F), then how is that interest to be held? F is already a joint tenant. Is E's share added to his existing share or does he hold his previous share as joint tenant and his new share as tenant in common?

    Any help would be appreciated.
    If you hold in joint tenancy, you hold a 100% share, essentially. So if E sells to F, E severs 1/6 of the share. So i'd assume F holds 5/6 of it as a joint tenant and then holds 1/6 as a tenant in common.

    That being said, my land supervisor thinks i'm a complete disaster so if anyone knows better, please shout it out.
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    (Original post by HMA)
    6 people contribute to the purchase of a house which is conveyed into the names of two of them (A and B) in trust for all six of them as joint tenants (A, B, C, D, E, F).

    Where one of the co-owners (E) sells their share, it becomes severed as they have acted on their share (Williams v Hensman) and the person who they have sold it to is tenant in common.

    However, if E sells their share to one of the existing joint tenants (F), then how is that interest to be held? F is already a joint tenant. Is E's share added to his existing share or does he hold his previous share as joint tenant and his new share as tenant in common?

    Any help would be appreciated.
    F becomes a tenant in common with regard to E's old share (which is now severed). Thus, he has an alienable share of 1/6 of the property. F continues to be a joint tenant with A B C D for the 5/6 remaining of the property. I think this is what you were saying, Gethsemane? Just need to make sure it's clear that F is a joint tenant with A B C and D for the 5/6.

    To illustrate the consequences of E's severance, let's imagine a morbid situation where F dies. E's former share, 1/6, will be passed on according to F's will or the rules of intestacy. A B C and D, however, would continue to be joint tenants of 5/6 of the property under the rules of survivorship.

    Edit: diagrams are your friend here, HMA. Diagram the position in law and the position in equity.
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    Yep, that's what i was saying. Yay, i'm not a *complete* disaster any more! Just a partial one
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    (Original post by jjarvis)
    F becomes a tenant in common with regard to E's old share (which is now severed). Thus, he has an alienable share of 1/6 of the property. F continues to be a joint tenant with A B C D for the 5/6 remaining of the property. I think this is what you were saying, Gethsemane? Just need to make sure it's clear that F is a joint tenant with A B C and D for the 5/6.

    To illustrate the consequences of E's severance, let's imagine a morbid situation where F dies. E's former share, 1/6, will be passed on according to F's will or the rules of intestacy. A B C and D, however, would continue to be joint tenants of 5/6 of the property under the rules of survivorship.

    Edit: diagrams are your friend here, HMA. Diagram the position in law and the position in equity.
    Thanks dude

    SO it would be (after sale for E's share to F)
    ("," representing the joint tenancy and "-" representing tenancy in common)

    Legal Interest A, B, C, D, F

    Equitable Interest A, B, C, D, F - F

    If F dies

    Legal Interest A, B, C, D,

    Equitable Interest A, B, C, D - F's estate

    Right?

    PS JJ, did you manage to look at my PM?
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    (Original post by HMA)
    Thanks dude

    SO it would be (after sale for E's share to F)
    ("," representing the joint tenancy and "-" representing tenancy in common)

    Legal Interest A, B, C, D, F

    Equitable Interest A, B, C, D, F - F

    If F dies

    Legal Interest A, B, C, D,

    Equitable Interest A, B, C, D - F's estate

    Right?

    PS JJ, did you manage to look at my PM?
    A and B are the only ones with legal interest as the house was conveyed into their names Otherwise, I think that's right.
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    (Original post by gethsemane342)
    A and B are the only ones with legal interest as the house was conveyed into their names Otherwise, I think that's right.
    Oh yeh ofcourse! Silly mistake on my part!
 
 
 
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