Chapter 1 - Nature of Land
26 September 2025 17:07
- Express Equitable easement - No certainty of duration, only needs a signed document to be
valid
- For easements, 'for the duration of life' is not a certain term so the right is only equitable even
if made by deed
- Equity regards as done that which ought to be done, so where there is a valid, specifically
enforceable agreement for a lease, the tenant is treated in equity as holding the lease on the
agreed terms, even though no legal lease has been granted.
- White goods - electrical goods that are used domestically are classified as chattels and so can
be removed by a seller.
Land Law Page 1
,Chapter 2 - Co-Ownership & Trusts
26 September 2025 17:08
What is co-ownership?
• More than one person owns land concurrently.
• Most couples jointly own land.
• s 1 TLATA 1996 automatically creates a trust of land in these situations:
○ Express trust by landowner (s 53 LPA 1925 formalities).
○ Implied trust arising from conduct.
○ Land acquired jointly (co-ownership).
Trustees (legal owners) Beneficiaries (equitable owners)
• Hold legal title. • Entitled to occupy or receive rent.
• Administrative function only. • On sale: trustees transfer title;
• No right to occupy or receive rent. beneficiaries receive proceeds.
The legal estate Who can be a trustee?
• Cannot exist in undivided shares: s • Must be 18+ (s 1(6) LPA 1925).
1(6) LPA 1925. • Land conveyed to a minor → declaration
• Must be held as joint tenancy. of trust for minor (TLATA Sch 1 para
• Legal joint tenancy cannot be 1(1)).
severed. • Conveyed to minor + adult → vested in
adult on trust for minor (Sch 1 para
1(2)).
Number of trustees Trustees’ powers
• Max 4 (s 34(2) Trustee Act 1925). • s 6(1) TLATA: all powers of absolute
• First four named adults become owner (sell, mortgage, buy for
trustees. beneficiary).
• No minimum number; typically 2 to • s 11 TLATA: duty to consult adult
allow overreaching. beneficiaries with interest in possession.
• Must follow beneficiaries’ wishes
(majority by value) as far as practicable
and consistent with trust.
2.2 Two Forms of Co-Ownership
Legal position
• Legal estate must be joint tenancy (s 1(6) LPA 1925).
• Beneficial interest may be joint tenancy or tenancy in common.
2.2.1 Joint Tenancy
Right of survivorship Undifferentiated ownership
• Deceased’s interest passes • Each is entitled to the whole; no
automatically to surviving joint concept of “shares”.
tenants. • Possible to sever at equity level.
• Not governed by will/intestacy. • Legal joint tenancy cannot be severed (s
36(2) LPA 1925).
2.2.2 Tenancy in Common
Land Law Page 2
,2.2.2 Tenancy in Common
No survivorship Distinct undivided shares
• Share passes by • Shares may be equal or unequal.
will/intestacy. • Each can deal with their share (sell/mortgage).
2.2.3 Is the equitable interest JT or TIC?
Use four tests:
Test 1: Four Unities Test 2: Express Declaration
If all present → could be JT or TIC (go to • Must comply with s 53(1) LPA 1925.
further tests). • Conclusive (Goodman v Gallant).
Unities: • Overrides unequal contributions.
• Possession (required for both JT and
TIC). Test 3: Words of Severance
• Interest (identical interests; hallmark of Indicate distinct shares. Examples:
JT). • “In equal shares.”
• Title (same document). • “To be divided equally.”
• Time (acquired at same time). • “Half to A and half to B.”
Absence of 1–3 usually → TIC. If present → TIC.
Test 4: Equity Presumes a TIC?
General rule: equity follows the law → presumption of JT.
Presumption rebutted if:
• Business purchase (want share to pass to estate).
• Unequal contributions (presume TIC) except in family home context (Stack v
Dowden).
• Post-acquisition conduct: exceptional circumstances showing different intentions.
If not rebutted → JT.
2.3 Severance of a Joint Tenancy in Equity
• Converts JT → TIC.
• Only applies to equitable interest.
• Must be inter vivos.
• A will cannot sever.
Two types
1. Formal severance by written notice
2. Informal severance
Formal Severance Informal Severance (Williams v Hensman)
Written Notice (s 36(2) LPA 1925) Methods:
Requirements: 1. Act operating on own share (alienation)
1. Intention to sever immediately ○ Sale, gift, lease, mortgage of
2. Notice received (or deemed) by all equitable interest.
joint tenants. ○ Must comply with s 53(1) LPA 1925.
○ No signature required. ○ Contract to dispose can sever if
meets s 2 LPMPA 1989.
Postal service rules (s 196 LPA 1925) 2. Mutual agreement
Registered/recorded post – s 196(4): ○ Oral agreement possible.
• Deemed served if not returned ○ Need not be performed.
undelivered. 3. Course of dealing / mutual conduct
Land Law Page 3
, ○
undelivered. 3. Course of dealing / mutual conduct
○ Conduct indicating parties treat
Ordinary post – s 196(3): themselves as TIC.
• Served if left at last known ○ No binding agreement required.
abode/business Other severance events
• Evidence may be needed. • Bankruptcy (involuntary alienation).
• Homicide (public policy; murderer cannot
benefit).
• Post-acquisition money management
Effect of Severance
If two joint tenants:
• Become TIC 50/50, regardless of contributions.
If three or more:
• Severing tenant becomes TIC in proportion to number of co-owners.
• Remaining continue as JT for the remainder.
Contributions irrelevant after severance
(Goodman v Gallant; Bedson v Bedson).
2.4 Implied Trusts of Land
Arise where no express declaration exists.
Two types:
Resulting Trust Constructive Trust (Rosset two-stage test)
Arises when: Two routes:
• Party makes 1. Agreement + Detrimental Reliance
financial Requirements:
contribution to • Agreement/understanding to share beneficially (formal or
purchase price at informal).
acquisition. • Non-legal owner relies to their detriment.
• Contribution is not a • Examples of detriment:
gift/loan. ○ Paying for improvements,
• They acquire ○ Paying household bills enabling mortgage payment,
beneficial interest ○ Working unpaid in partner’s business.
proportionate to 2. Conduct + Direct Financial Contribution
contribution. • Direct contribution to purchase price or mortgage
payments.
• Anything less usually insufficient.
Modern approach (Stack v Dowden; Jones v Kernott)
• Constructive trust preferred over resulting trust for family homes.
• Court identifies shared intentions (actual, inferred, imputed).
• If no clear intention → court decides what is fair considering whole course of dealing.
• Resulting trusts not used for family homes (per guidance).
2.5 Settling Disputes (ss 14–15 TLATA 1996)
s 14 TLATA
• Trustee or beneficiary may apply to court.
• Court may:
○ Make orders on trustee powers;
○ Declare nature/extent of interests.
• Typical disputes:
Land Law Page 4
26 September 2025 17:07
- Express Equitable easement - No certainty of duration, only needs a signed document to be
valid
- For easements, 'for the duration of life' is not a certain term so the right is only equitable even
if made by deed
- Equity regards as done that which ought to be done, so where there is a valid, specifically
enforceable agreement for a lease, the tenant is treated in equity as holding the lease on the
agreed terms, even though no legal lease has been granted.
- White goods - electrical goods that are used domestically are classified as chattels and so can
be removed by a seller.
Land Law Page 1
,Chapter 2 - Co-Ownership & Trusts
26 September 2025 17:08
What is co-ownership?
• More than one person owns land concurrently.
• Most couples jointly own land.
• s 1 TLATA 1996 automatically creates a trust of land in these situations:
○ Express trust by landowner (s 53 LPA 1925 formalities).
○ Implied trust arising from conduct.
○ Land acquired jointly (co-ownership).
Trustees (legal owners) Beneficiaries (equitable owners)
• Hold legal title. • Entitled to occupy or receive rent.
• Administrative function only. • On sale: trustees transfer title;
• No right to occupy or receive rent. beneficiaries receive proceeds.
The legal estate Who can be a trustee?
• Cannot exist in undivided shares: s • Must be 18+ (s 1(6) LPA 1925).
1(6) LPA 1925. • Land conveyed to a minor → declaration
• Must be held as joint tenancy. of trust for minor (TLATA Sch 1 para
• Legal joint tenancy cannot be 1(1)).
severed. • Conveyed to minor + adult → vested in
adult on trust for minor (Sch 1 para
1(2)).
Number of trustees Trustees’ powers
• Max 4 (s 34(2) Trustee Act 1925). • s 6(1) TLATA: all powers of absolute
• First four named adults become owner (sell, mortgage, buy for
trustees. beneficiary).
• No minimum number; typically 2 to • s 11 TLATA: duty to consult adult
allow overreaching. beneficiaries with interest in possession.
• Must follow beneficiaries’ wishes
(majority by value) as far as practicable
and consistent with trust.
2.2 Two Forms of Co-Ownership
Legal position
• Legal estate must be joint tenancy (s 1(6) LPA 1925).
• Beneficial interest may be joint tenancy or tenancy in common.
2.2.1 Joint Tenancy
Right of survivorship Undifferentiated ownership
• Deceased’s interest passes • Each is entitled to the whole; no
automatically to surviving joint concept of “shares”.
tenants. • Possible to sever at equity level.
• Not governed by will/intestacy. • Legal joint tenancy cannot be severed (s
36(2) LPA 1925).
2.2.2 Tenancy in Common
Land Law Page 2
,2.2.2 Tenancy in Common
No survivorship Distinct undivided shares
• Share passes by • Shares may be equal or unequal.
will/intestacy. • Each can deal with their share (sell/mortgage).
2.2.3 Is the equitable interest JT or TIC?
Use four tests:
Test 1: Four Unities Test 2: Express Declaration
If all present → could be JT or TIC (go to • Must comply with s 53(1) LPA 1925.
further tests). • Conclusive (Goodman v Gallant).
Unities: • Overrides unequal contributions.
• Possession (required for both JT and
TIC). Test 3: Words of Severance
• Interest (identical interests; hallmark of Indicate distinct shares. Examples:
JT). • “In equal shares.”
• Title (same document). • “To be divided equally.”
• Time (acquired at same time). • “Half to A and half to B.”
Absence of 1–3 usually → TIC. If present → TIC.
Test 4: Equity Presumes a TIC?
General rule: equity follows the law → presumption of JT.
Presumption rebutted if:
• Business purchase (want share to pass to estate).
• Unequal contributions (presume TIC) except in family home context (Stack v
Dowden).
• Post-acquisition conduct: exceptional circumstances showing different intentions.
If not rebutted → JT.
2.3 Severance of a Joint Tenancy in Equity
• Converts JT → TIC.
• Only applies to equitable interest.
• Must be inter vivos.
• A will cannot sever.
Two types
1. Formal severance by written notice
2. Informal severance
Formal Severance Informal Severance (Williams v Hensman)
Written Notice (s 36(2) LPA 1925) Methods:
Requirements: 1. Act operating on own share (alienation)
1. Intention to sever immediately ○ Sale, gift, lease, mortgage of
2. Notice received (or deemed) by all equitable interest.
joint tenants. ○ Must comply with s 53(1) LPA 1925.
○ No signature required. ○ Contract to dispose can sever if
meets s 2 LPMPA 1989.
Postal service rules (s 196 LPA 1925) 2. Mutual agreement
Registered/recorded post – s 196(4): ○ Oral agreement possible.
• Deemed served if not returned ○ Need not be performed.
undelivered. 3. Course of dealing / mutual conduct
Land Law Page 3
, ○
undelivered. 3. Course of dealing / mutual conduct
○ Conduct indicating parties treat
Ordinary post – s 196(3): themselves as TIC.
• Served if left at last known ○ No binding agreement required.
abode/business Other severance events
• Evidence may be needed. • Bankruptcy (involuntary alienation).
• Homicide (public policy; murderer cannot
benefit).
• Post-acquisition money management
Effect of Severance
If two joint tenants:
• Become TIC 50/50, regardless of contributions.
If three or more:
• Severing tenant becomes TIC in proportion to number of co-owners.
• Remaining continue as JT for the remainder.
Contributions irrelevant after severance
(Goodman v Gallant; Bedson v Bedson).
2.4 Implied Trusts of Land
Arise where no express declaration exists.
Two types:
Resulting Trust Constructive Trust (Rosset two-stage test)
Arises when: Two routes:
• Party makes 1. Agreement + Detrimental Reliance
financial Requirements:
contribution to • Agreement/understanding to share beneficially (formal or
purchase price at informal).
acquisition. • Non-legal owner relies to their detriment.
• Contribution is not a • Examples of detriment:
gift/loan. ○ Paying for improvements,
• They acquire ○ Paying household bills enabling mortgage payment,
beneficial interest ○ Working unpaid in partner’s business.
proportionate to 2. Conduct + Direct Financial Contribution
contribution. • Direct contribution to purchase price or mortgage
payments.
• Anything less usually insufficient.
Modern approach (Stack v Dowden; Jones v Kernott)
• Constructive trust preferred over resulting trust for family homes.
• Court identifies shared intentions (actual, inferred, imputed).
• If no clear intention → court decides what is fair considering whole course of dealing.
• Resulting trusts not used for family homes (per guidance).
2.5 Settling Disputes (ss 14–15 TLATA 1996)
s 14 TLATA
• Trustee or beneficiary may apply to court.
• Court may:
○ Make orders on trustee powers;
○ Declare nature/extent of interests.
• Typical disputes:
Land Law Page 4
