Question
Co-Ownership 1 .Peter owns a property in Caringbah South. He gifts his estate in fee simple to Angie, William and Natalia. The transfer states that
Co-Ownership 1.Peter owns a property in Caringbah South. He gifts his estate in fee simple to Angie, William and Natalia. The transfer states that they are to take the property as joint tenants. The transfer is then registered. Angie decides that she would like to sell her share of the property. She transfers her interest to Ramona. The transfer is registered. Ramona makes a will leaving all her property - both real and personal to her best friend Lucinda. Ramona has a horrible skiing accident and dies. Lucinda has recently lost her job and can't pay her rent. She is evicted. She desperately wants to move into the house with William and Natalia.What is the relationship between William, Natalia and Lucinda (ie are they tenants in common, joint tenants or a combination)? Can Lucinda move in?Three months later, Natalia dies. Her will specifies that all her real property is to be left to Lulu.What interest, if any, does Lulu have? What is the relationship now between the remaining tenants? 2.Ali wants to buy a unit. He approaches two of his closest friends, Ravi and Michael for a loan. Ravi and Michael agree to loan Ali $100,000. Both Ravi and Michael contribute to the loan equally. The loan is to be secured by way of a mortgage. Ravi and Michael are then registered as joint proprietors of the mortgage. Two years later Ravi dies in a tragic surfing accident. Ali has always made his repayments on time and continues to do so. Ravi's nephew and sole beneficiary under his will, Manoj claims that he is entitled to Ravi's share of the repayments under the mortgage. Michael disagrees and instead believes that the entire amount should be his.Advise Michael as to whether he is entitled to the full benefit of Ali's mortgage repayments. Reference:
Statute Conveyancing Act1919 (NSW) ss 26, 35, 66G Real Property Act1900 (NSW); ss 97, 100 Forfeiture Act1995 (NSW), ss 5-6 Cases Types and Formalities *Delehunt v Carmody(1986) 161 CLR 464, pp. 470-473 Hircock v Windsor Homes (Development No 3) Pty Ltd(1979) 1 NSWLR 501 Co-ownership and Indefeasibility Cassegrain v Gerard Cassegrain & Co Pty Ltd[2015] HCA 2 Severance Wright v Gibbons(1949) 78 CLR 313 *Corin v Patton(1990) 169 CLR 540 Frieze v Ungar[1960] VR 230 Lyons v Lyons[1967] VR 169 McCoy v Caelli[2008] NSWSC 986 Ending Co-ownership Segal v Barel(2011) NSWSC 1181 Rights Inter Se Callow v Rupchev[2009] NSWCA 148. Biviano v Natoli(1998) 43 NSWLR 695
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started