Land Law
2023-24
Birmingham Law School
University of Birmingham
Seminar 5
Co-ownership
This seminar deals with the law of co-ownership. This is a large
topic, and there are several parts to it: first, the nature and
types of co-ownership; second, the statutory rules that
regulate the use of co-owned land; third, the rules (both in
statute and common law) governing the creation of co-
ownership, both deliberately and informally; fourth, the
transformation of one type of co-ownership into another; fifth
the termination of co-ownership; and, sixth, dealing with
disputes that may arise. The second and third issues form
substantive topics in the Equity & Trusts module.
I. READING
Essential Reading:
LPA 1925 s1(6), s34, s36(2), S53(1)(b), s184, s196.
TOLATA 1996 s 1, 7, 14, 15
Re Draper's Conveyance [1969] 1 Ch 486
Harris v Goddard [1983] 1 WLR 1203
Burgess v Rawnsley [1975] Ch 429
Stack v Dowden [2007] 2 AC 432
Quigley v Masterson [2011] EWHC 2529 (Ch)
Dunbar v Plant [1998] Ch 412
Ninian v Findlay [2019] EWHC 297 (Ch)
Barry Crown ‘Severance of Joint Tenancy by Partial
Alienation’ L.Q.R. 2001, 117 (Jul), 477-492
Further Reading:
Martin Dixon Modern Land Law 131-145 and 168-197.
Louise Tee, ‘Severance Revisited’, [1995] Conv. 105
Co-Ownership
II. QUESTIONS
1. Prepare explanations of the effect of the following events on
the ownership of each of the properties, using the ‘Law’ and
‘Equity’ boxes as per the lectures on this topic. Be prepared to
share your work on this with your seminar group:
(a) A medical practice was conveyed into the names of
three doctors: Fiona, George and Helen. Helen had provided
half the purchase price and George and Fiona a quarter each.
Fiona died last week. By her will she left all her property to
George. George and Helen’s business relationship has soured.
Helen wishes to relocate her practice, but George does not
want to sell the property.
(b) A house was conveyed into the joint names of Ian, Jean
and Keith. Keith had provided two thirds of the purchase price
and Ian and Jean a sixth each. The conveyance stated that they
were to take the property as joint tenants in law and in equity.
Last year Keith died of cancer. Last month Ian and Jean were
killed instantly in a car crash. Ian had left all his property by
will to his sister. Jean, who was a month older than Ian, had left
all her property by will to charity.
(c) A house was conveyed into the joint names of Leslie and
Martin. The conveyance stated that they were to take the
property as joint tenants in law and equity. Last month Martin
killed Leslie when he was threatening her with a knife in the
course of a drunken argument and slipped on the kitchen floor.
He was convicted of manslaughter.
(d) A house was conveyed for £200,000 to Narcissus and
Octavius “as legal and beneficial joint owners”. Narcissus paid
£150,000 towards the price and Octavius the rest. Later they
quarrelled and separated. Narcissus’ solicitors prepared a letter
to Octavius demanding that the house be sold and 75% of the
proceeds paid to her. They also prepared papers for an
application to court for a declaration that Narcissus held a 75%
undivided share in the house. A week ago, Narcissus went to
2
Co-Ownership
their office and signed the letter and the papers. Yesterday she
was knocked down by a bus and killed.
