Question
in September 2021, Hans, Gerda and Inga bought a 3-bedroom house in Hendon with all three registered as co-owners, all three contributing equally to the
in September 2021, Hans, Gerda and Inga bought a 3-bedroom house in Hendon with all three registered as co-owners, all three contributing equally to the purchase price. Gerda has a four-year-old daughter, Petra, who shares Gerda's room and lives in the house as her school is nearby in Golders Green. Hans paid for a new bathroom to be fitted and wanted Gerda and Inga to contribute to the cost. However, this caused several disagreements and Hans decided to leave. He began to negotiate selling his share to Gerda and Inga, but negotiations did not get very far. Hans also suggested that Gerda and Inga pay him compensation for moving out and having to pay rent for a flat he was looking to lease. Several months ago, Inga was short of money, and she mortgaged her interest in the house to Hendon Building Society. Sadly, last week Inga was struck by lightning in a freak storm while out walking in Golders Hill Park and died instantly. Inga had left a will in which all her property was to go to her sister, Juniper. Inga's only secured creditor, Hendon Building Society is seeking an order for sale of the house, but Gerda and Petra wish to continue living there, though Hans would like the sale to go ahead. Advise Hans, Gerda, Juniper and Hendon Building Society.
this problem question is on the uk land law of co-ownership using the IRAC method answer the question and i am also providing you with what should be included in the answer :
1. Identify the topic Definition of is co ownership- put journal articles or quote from an author
2. Address each issue separately
-Do not repeat facts How is the legal and equitable state help
- joint tendency and tendency in common-
-case stack and Dowden.
-Equal contribution
-Right of survivorship in Joint tendency
-Tenancy in common, only one unity, possession.
- FIRST ISSUE Refurbishment and moving out- can compensation occur?
Case of Leigh and Dickeson
- Consider the three limbs separately
- No compensation will be obtained. When property sold, A will be able to get expenditure half ect.... Put cases.
- SECOND ISSUE: Moving out
Will A will get compensation for moving out of the property, start with legislation.
TOLATA case. Comp will be allowed if there is exclusion or restrictions. Case Stack v Dowden USE MORE CASES; Jones v Jones , case of Davis , re Pavlou relation breakdown Solution; case of Henderson
- THIRD ISSUE Severance Explain what is it and its effect Method of severance See S36(2), case Harris v Godddard Methods under Williams v Hensman Mere negotiation does not mean severance
- FOURTH ISSUE; Order for sale, s14, guideline under s15. Add cases. Cases on postponement of sales. Cases that talk on the matter specifically
CONCLUSION; Who holds the legal and equitable title and in what share, what will happen to the will
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