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Understanding the wording of a land law coownership question. PLEASE HELP URGENT!? Watch

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    Basically, two people buy a house ( no info about their relationship if that matters-does it?) They took it as joint tenants at law holding for themselves as joint tenants in equity.

    What does the last sentence mean? I am really struggling to understand what it is trying to inform me about. What confuses me is that the sentence refers to both joint tenants in law AND joint tenants in equity.
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    The legal title can *only* be held as joint tenants (if it is held by more than one person). That is the effect of s 34(2) and s 36(2) LPA 1925.

    The equitable title can be held either as joint tenants or tenants in common. The parties can only hold as joint tenants if the four unities are present - do you know what those are? If they are present then each person does not have a separate 'share' in the property - they simply hold the whole property 'together'. If one dies then the other(s) succeed to their share. A party can sever a joint tenancy in equity creating a tenancy in common in equity by doing one of the things listed in s 36(2) LPA 1925. Severance has no effect whatsoever on the legal title.

    The parties can hold as tenants in common whether the four unities are present or not*. If they do, then they each hold a share in the house, for example, A might own 60% and B own 40%. How the shares are calculated depends on whether or not it's a family home, how much each contributed to the purchase price, etc. Each party has a separate share, they can do what they like with it. B can sell his 40% share, or mortgage it, or whatever (in practice he will find it next to impossible to mortgage a share in a residential property...) If one of the parties dies, then the person who gets their share is determined by their will. It doesn't automatically pass to the other party(s). You can't change a tenancy in common into a joint tenancy (at least not without reconveying the property, I suppose).

    * Unity of possession would need to be there in either case. If all four unities are present there is a weakish presumption that the parties hold as joint tenants.
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    (Original post by Ketchuplover)
    Basically, two people buy a house ( no info about their relationship if that matters-does it?) They took it as joint tenants at law holding for themselves as joint tenants in equity.

    What does the last sentence mean? I am really struggling to understand what it is trying to inform me about. What confuses me is that the sentence refers to both joint tenants in law AND joint tenants in equity.

    can anybody help me please. I have asked my teachers, they did not understand and explained it to me in a really confusing language.

    (not relevant) Also, do any of you have particular knowledge about land law who could volunteer to help me out a little bit. I am trying my best to achieve something good. I will not ask you to do anything for me, I will only ask you obvious questions which I do not know myself.
    I'd just add to forum user's post that for practical purposes, it is the parties with the legal title who can carry through transactions (e.g. sell the land, sign contracts etc), but the equitable rights determine who gets the benefits - e.g. sale proceeds.
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    (Original post by Forum User)
    The legal title can *only* be held as joint tenants (if it is held by more than one person). That is the effect of s 34(2) and s 36(2) LPA 1925.

    The equitable title can be held either as joint tenants or tenants in common. The parties can only hold as joint tenants if the four unities are present - do you know what those are? If they are present then each person does not have a separate 'share' in the property - they simply hold the whole property 'together'. If one dies then the other(s) succeed to their share. A party can sever a joint tenancy in equity creating a tenancy in common in equity by doing one of the things listed in s 36(2) LPA 1925. Severance has no effect whatsoever on the legal title.

    The parties can hold as tenants in common whether the four unities are present or not*. If they do, then they each hold a share in the house, for example, A might own 60% and B own 40%. How the shares are calculated depends on whether or not it's a family home, how much each contributed to the purchase price, etc. Each party has a separate share, they can do what they like with it. B can sell his 40% share, or mortgage it, or whatever (in practice he will find it next to impossible to mortgage a share in a residential property...) If one of the parties dies, then the person who gets their share is determined by their will. It doesn't automatically pass to the other party(s). You can't change a tenancy in common into a joint tenancy (at least not without reconveying the property, I suppose).

    * Unity of possession would need to be there in either case. If all four unities are present there is a weakish presumption that the parties hold as joint tenants.

    Thank you so much for your answer, much clearer than what my teacher told me! And yes I do know the 4 unities. However, in the in problem question, it does not talk about the unities, it only gives me the information I have stated in my question. It also does not talk about the unities or who owns how much of the property. How should I approach a question like this? So, I do not know who owns the legal title. i thought in cases of co-ownership both the parties owned it if it is a case of joint tenancy. Therefore, this confuses me.
 
 
 
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