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Co ownership Problem Question! Land Law PLEASE HELP

Hello everybody, I have a co ownership question but I just really don't know how to structure it. I would appreciate if someone could give me some pointers or refer me to a forum where a similar question has been discussed. Thank you in advance!

Alice wants advice concerning a dispute with property she has purchased with others.

Alice, Bill, Cameron, Dolly, and Emily purchased a Property together. Emily was 17 at the time, but Alice, Bill, Cameron, and Dolly were 18.

Alice moved out and offered to sell share to Bill, but he couldn’t afford to buy it. So, Alice rented room to Finley

In 2012 Bill got loan from bank and secured it against his interest in the property

In 2013 Dave became ill and made a will stating that if anything should happen to him, his parents should inherit his interest in the property.

They all had a discussion in a meeting with what they will be doing to the property. Bill and Cameron want to sell it, but Dolly and Emily want to stay.

After talking, Cameron sent letter to all as he wishes to sever his share. However before the post got to the others, Dolly died.

Advise Alice:
The extent of all the party’s individual rights, especially with the fact legal and equitable ownership has changed on the property AND If she can force a sale of property, how successful will this be?
The question provides you with a structure.

Explain how the property is owned in law and equity i.e. joint tenancy or T in C (and beneficial shares in equity) initially.

Then explain how the different events affect the title (legal and equitable) so you know who the owners are. Do this in chronological order. Also work out their beneficial shares in equity as you go along. This will then allow you to arrive at a conclusion as to their current beneficial shares. This is important when applying TOLATA, s.15 (see below).

Here is a link to my short video on YouTube on 5 key points to remember about co-ownership

Finally, A, as an owner can apply for a sale under TOLATA s.14. Factors in s.15 should be applied including the wishes and circumstances of the majority owners when deciding whether she is likely to be successful.

Please give me a 'thumbs up' by clicking on the button below if you find my advice helpful. Thank you.:yy:

Bitesizelaw
(edited 4 years ago)
Reply 2
Original post by Bitesizelaw
The question provides you with a structure.

Explain how the property is owned in law and equity i.e. joint tenancy or T in C (and beneficial shares in equity) initially.

Then explain how the different events affect the title (legal and equitable) so you know who the owners are. Do this in chronological order. Also work out their beneficial shares in equity as you go along. This will then allow you to arrive at a conclusion as to their current beneficial shares. This is important when applying TOLATA, s.15 (see below).

Finally, A, as an owner can apply for a sale under TOLATA s.14. Factors in s.15 should be applied including the wishes and circumstances of the majority owners when deciding whether she is likely to be successful.

Bitesizelaw - private land law tutor


Thank you, this is the structure I followed, I put it in a table which made it much more clear!
Original post by s.x.x.a
Thank you, this is the structure I followed, I put it in a table which made it much more clear!


That's how I do it too when working out the legal and beneficial owners. One column for legal title and another for equitable title. You are less likley to forget or miss out a stage that way.

Bitesizelaw - private landlaw tutor
Original post by Bitesizelaw
That's how I do it too when working out the legal and beneficial owners. One column for legal title and another for equitable title. You are less likley to forget or miss out a stage that way.

Bitesizelaw - private landlaw tutor


Hi, I'm hoping you can give me some help. I'm about to defend myself in a TOLATA case against my ex partner who is asking for 50/50 of our jointly owned property. I have spent 13k on renovations and lots of labour plus 2 years of paying mortgage and earning a small wage due to being the primary carer for our son. I don't have money to get a solicitor as I'm wanting to buy him out and he's asking for 38k due to price rises because of my part time wage I can't borrow any more from house so saving every penny for buyout. Wondered if you could take a look at my 'defence statement' I'm particularly looking to make my case fit with 'changed intentions from him' and acted in 'my detriment' in order to step away from 50/50. I'm not the best at writing things and need it to be jumping out to the courts! Also wondered if I can 'counter claim' or how ever this works for a schedule one children ACt? I'm a childminder so if he tries to force a sale it would uproot my children, business and financial earnings. Any help is very much appreciated I could email you it. Thanks kel
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