Edited, memorised or added to reading queue

on 29-Jun-2016 (Wed)

Do you want BuboFlash to help you learning these things? Click here to log in or create user.

Flashcard 1349111385356

Tags
#co-ownership #land
Question
In certain circumstances beneficiaries can select new trustees (although they cannot actually appoint them) and require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property ([...]).
Answer
TLATA 1996, s 19(1)(b)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
re. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (<span>TLATA 1996, s 19(1)(b)). They must be unanimous (TLATA 1996, s 19(2)). Beneficiaries may give to the trustee(s) a written direction to retire from the trust and/or a written direction to appoint by writing

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349112958220

Question
TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)). They must be unanimous ([...]). Beneficiaries may give to the trustee(s) a written direction to retire from the trust and/or a written direction to appoint by writing the person(s) specified in the written direction as trustee(s) (TLATA 1996, s 19(2))
Answer
TLATA 1996, s 19(2)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)). They must be unanimous (<span>TLATA 1996, s 19(2)). Beneficiaries may give to the trustee(s) a written direction to retire from the trust and/or a written direction to appoint by writing the person(s) specified in the written directi

Original toplevel document (pdf)

cannot see any pdfs






Annotation 1349114006796

Beneficiaries may give to the trustee(s) a written direction to retire from the trust and/or a written direction to appoint by writing the person(s) specified in the written direction as trustee(s) (TLATA 1996, s 19(2))
statusnot read reprioritisations
last reprioritisation on suggested re-reading day
started reading on finished reading on


Parent (intermediate) annotation

Open it
ominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)). They must be unanimous (TLATA 1996, s 19(2)). <span>Beneficiaries may give to the trustee(s) a written direction to retire from the trust and/or a written direction to appoint by writing the person(s) specified in the written direction as trustee(s) (TLATA 1996, s 19(2))<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs



Flashcard 1349115579660

Question
TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)). They must be unanimous (TLATA 1996, s 19(2)). Beneficiaries may give to the trustee(s) a written direction to retire from the trust and/or a written direction to appoint by writing the person(s) specified in the written direction as trustee(s) ([...])
Answer
TLATA 1996, s 19(2)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
ust be unanimous (TLATA 1996, s 19(2)). Beneficiaries may give to the trustee(s) a written direction to retire from the trust and/or a written direction to appoint by writing the person(s) specified in the written direction as trustee(s) (<span>TLATA 1996, s 19(2))<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349123706124

Tags
#co-ownership #land #law
Question
The legal title to the land is vested in [...], who are given the powers of an absolute owner (TLATA 1996, s 6(1)).
Answer
the trustees

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The legal title to the land is vested in the trustees, who are given the powers of an absolute owner (TLATA 1996, s 6(1)).

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349125278988

Tags
#co-ownership #land #law
Question
The legal title to the land is vested in the trustees, who are given the powers of [...] (TLATA 1996, s 6(1)).
Answer
an absolute owner

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The legal title to the land is vested in the trustees, who are given the powers of an absolute owner (TLATA 1996, s 6(1)).

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349126851852

Tags
#co-ownership #land #law
Question
The legal title to the land is vested in the trustees, who are given the powers of an absolute owner ([...]).
Answer
TLATA 1996, s 6(1)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The legal title to the land is vested in the trustees, who are given the powers of an absolute owner (TLATA 1996, s 6(1)).

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349129473292

Tags
#co-ownership #land #law
Question
In exercising their powers, the trustees must have regard to the rights of the beneficiaries ([...]).
Answer
TLATA 1996, s 6(5)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
In exercising their powers, the trustees must have regard to the rights of the beneficiaries (TLATA 1996, s 6(5)).

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349132094732

Tags
#co-ownership #land #law
Question
[Trustees] must also get the best possible return from the trust property and exercise reasonable care and skill ([...]).
Answer
Trustee Act 2000, s 1

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
[Trustees] must also get the best possible return from the trust property and exercise reasonable care and skill (Trustee Act 2000, s 1).

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349141531916

Tags
#interests #land #law
Question
Since the LPA 1925, for any interest in land to be a legal interest, it must satisfy two requirements: 1. It must be an interest which is capable of existing as a legal interest, i.e. within the LPA 1925, s1(2). And 2. It must have been created in the recognised manner to be legal, i.e. by deed (LPA 1925, [...])
Answer
s 52(1)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
est, it must satisfy two requirements: 1. It must be an interest which is capable of existing as a legal interest, i.e. within the LPA 1925, s1(2). And 2. It must have been created in the recognised manner to be legal, i.e. by deed (LPA 1925, <span>s 52(1))<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349143104780

Tags
#interests #land #law
Question
Since the LPA 1925, for any interest in land to be a legal interest, it must satisfy two requirements: 1. It must be an interest which is capable of existing as a legal interest, i.e. within the LPA 1925, [...]. And 2. It must have been created in the recognised manner to be legal, i.e. by deed (LPA 1925, s 52(1))
Answer
s1(2)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
Since the LPA 1925, for any interest in land to be a legal interest, it must satisfy two requirements: 1. It must be an interest which is capable of existing as a legal interest, i.e. within the LPA 1925, s1(2). And 2. It must have been created in the recognised manner to be legal, i.e. by deed (LPA 1925, s 52(1))

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349144939788

Tags
#interests #land #law
Question
should the owner of the interest convey their estate (the land that benefits from the interest) and fail to mention the interest in the transfer deed, [Statute] will imply that the transfer of the estate includes all interests appertaining to that land.
Answer
LPA 1925, s 62

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
should the owner of the interest convey their estate (the land that benefits from the interest) and fail to mention the interest in the transfer deed, LPA 1925, s 62 will imply that the transfer of the estate includes all interests appertaining to that land, unless a contrary intention is expressed (LPA 1925, s 62(4)).</

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349147299084

Tags
#interests #land #law
Question
should the owner of the interest convey their estate (the land that benefits from the interest) and fail to mention the interest in the transfer deed, LPA 1925, s 62 will imply that the transfer of the estate includes all interests appertaining to that land, unless a contrary intention is expressed ([Statute])
Answer
LPA 1925, s 62(4)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
s from the interest) and fail to mention the interest in the transfer deed, LPA 1925, s 62 will imply that the transfer of the estate includes all interests appertaining to that land, unless a contrary intention is expressed (<span>LPA 1925, s 62(4)).<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349150182668

Tags
#interests #land #law
Question
The estate contract is [...].
Answer
a contractual right to a legal estate

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The estate contract is a contractual right to a legal estate, whether freehold or leasehold. Equity will order specific performance of a contract to create or transfer a legal estate, because each piece of land is regarded as unique. This, t

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349153066252

Tags
#interests #land #law
Question
A right of pre-emption is also an estate contract. [Case] held that rights of pre-emption must comply with the LP(MP)A 1989, s 2.
Answer
Bircham & Co Nominees (No.2) Ltd v Worrell Holdings Ltd

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
A right of pre-emption is also an estate contract. Bircham & Co Nominees (No.2) Ltd v Worrell Holdings Ltd [2001] EWCA Civ 775 held that rights of pre-emption must comply with the LP(MP)A 1989, s 2.

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349155425548

Tags
#interests #land #law
Question
A right of pre-emption is also an estate contract. Bircham & Co Nominees (No.2) Ltd v Worrell Holdings Ltd [2001] EWCA Civ 775 held that rights of pre-emption must comply with the [Statute].
Answer
LP(MP)A 1989, s 2

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
A right of pre-emption is also an estate contract. Bircham & Co Nominees (No.2) Ltd v Worrell Holdings Ltd [2001] EWCA Civ 775 held that rights of pre-emption must comply with the LP(MP)A 1989, s 2.

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349158309132

Tags
#contract #law #terms
Question
Where a statement is made during negotiations for the purpose of [...], there is, prima facie, ground for inferring that the statement was intended to be a binding term of contract. However, the inference can be rebutted if the party making the statement can show that it would not be reasonable to hold him bound by it.
Answer
inducing the other party to enter the contract

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
Where a statement is made during negotiations for the purpose of inducing the other party to enter the contract, there is, prima facie, ground for inferring that the statement was intended to be a binding term of contract. However, the inference can be rebutted if the party making the statement

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349160930572

Tags
#co-ownership #land #law
Question
The maximum number of trustees permitted is four: [Statute].
Answer
Trustee Act 1925, s 34(2)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The maximum number of trustees permitted is four: Trustee Act 1925, s 34(2). They can be appointed in four ways: [1] By the person named in the trust deed as being able to appoint (Trustee Act 1925, s 36(a)); [2] By the existing trustees (Trustee Act 1925, s 36

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349163289868

Tags
#co-ownership #land #law
Question
Trustees can be appointed: [1] By the person named in the trust deed as being able to appoint ([Statute])
Answer
Trustee Act 1925, s 36(a)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The maximum number of trustees permitted is four: Trustee Act 1925, s 34(2). They can be appointed in four ways: [1] By the person named in the trust deed as being able to appoint (Trustee Act 1925, s 36(a)); [2] By the existing trustees (Trustee Act 1925, s 36(b)); [3] By the personal representatives of the last surviving trustee (Trustee Act 1925, ss 36(1) and (6)); or [4] By the court i

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349165649164

Tags
#co-ownership #land #law
Question
Trustees can be appointed: [2] By the existing trustees ([Statute])
Answer
Trustee Act 1925, s 36(b)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
pan>The maximum number of trustees permitted is four: Trustee Act 1925, s 34(2). They can be appointed in four ways: [1] By the person named in the trust deed as being able to appoint (Trustee Act 1925, s 36(a)); [2] By the existing trustees (<span>Trustee Act 1925, s 36(b)); [3] By the personal representatives of the last surviving trustee (Trustee Act 1925, ss 36(1) and (6)); or [4] By the court in difficult cases (Trustee Act 1925, s 41).<span><

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349169057036

Tags
#co-ownership #land #law
Question
Trustees can be appointed: [3] By the personal representatives of the last surviving trustee ([Statute])
Answer
Trustee Act 1925, ss 36(1) and (6)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
pointed in four ways: [1] By the person named in the trust deed as being able to appoint (Trustee Act 1925, s 36(a)); [2] By the existing trustees (Trustee Act 1925, s 36(b)); [3] By the personal representatives of the last surviving trustee (<span>Trustee Act 1925, ss 36(1) and (6)); or [4] By the court in difficult cases (Trustee Act 1925, s 41).<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349171416332

Tags
#co-ownership #land #law
Question
Trustees can be appointed: [4] By the court in difficult cases ([Statute]).
Answer
Trustee Act 1925, s 41

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
to appoint (Trustee Act 1925, s 36(a)); [2] By the existing trustees (Trustee Act 1925, s 36(b)); [3] By the personal representatives of the last surviving trustee (Trustee Act 1925, ss 36(1) and (6)); or [4] By the court in difficult cases (<span>Trustee Act 1925, s 41).<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349174562060

Tags
#co-ownership #land #law
Question
remember that a minimum of two trustees is necessary to give a valid receipt and thus enable overreaching to operate: [Statute].
Answer
LPA 1925, s 27

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
remember that a minimum of two trustees is necessary to give a valid receipt and thus enable overreaching to operate: LPA 1925, s 27.

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349177969932

Tags
#co-ownership #land #law
Question
The appointment of trustees should be [...].
Answer
by deed

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The appointment of trustees should be by deed. If so, it automatically contains an implied vesting declaration, whereby the trust property is vested in the new trustee together with the continuing trustees as joint tenants without

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349179542796

Tags
#co-ownership #land #law
Question
The appointment of trustees should be by deed. If so, it automatically contains an implied vesting declaration, whereby the trust property is vested in the new trustee together with the continuing trustees as joint tenants without any separate conveyance or assignment ([Statute]).
Answer
Trustee Act 1925, s 40

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
should be by deed. If so, it automatically contains an implied vesting declaration, whereby the trust property is vested in the new trustee together with the continuing trustees as joint tenants without any separate conveyance or assignment (<span>Trustee Act 1925, s 40).<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349182950668

Tags
#co-ownership #land #law
Question
Trustees have a power to [...] under Trustee Act 2000, s 8. This allows them to acquire freehold or leasehold land in the United Kingdom as an investment, for occupation by a beneficiary or for any other reason.
Answer
acquire land

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
Trustees have a power to acquire land under Trustee Act 2000, s 8. This allows them to acquire freehold or leasehold land in the United Kingdom as an investment, for occupation by a beneficiary or for any other reason.

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349184523532

Tags
#co-ownership #land #law
Question
Trustees have a power to acquire land under [Statute]. This allows them to acquire freehold or leasehold land in the United Kingdom as an investment, for occupation by a beneficiary or for any other reason.
Answer
Trustee Act 2000, s 8

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
Trustees have a power to acquire land under Trustee Act 2000, s 8. This allows them to acquire freehold or leasehold land in the United Kingdom as an investment, for occupation by a beneficiary or for any other reason.

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349187407116

Tags
#co-ownership #land #law
Question
In addition to the abolition of the doctrine of conversion ([Statute]), which effectively means that the beneficiaries have an interest in land and not just in the sale proceeds, TLATA 1996, ss 12 and 13 concern the right of beneficiaries to live in the property subject to the trust.
Answer
TLATA 1996, s 3

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
In addition to the abolition of the doctrine of conversion (TLATA 1996, s 3), which effectively means that the beneficiaries have an interest in land and not just in the sale proceeds, TLATA 1996, ss 12 and 13 concern the right of beneficiaries to live in the

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349189766412

Tags
#co-ownership #land #law
Question
In addition to the abolition of the doctrine of conversion (TLATA 1996, s 3), which effectively means that the beneficiaries have an interest in land and not just in the sale proceeds, [Statute] concern the right of beneficiaries to live in the property subject to the trust.
Answer
TLATA 1996, ss 12 and 13

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
In addition to the abolition of the doctrine of conversion (TLATA 1996, s 3), which effectively means that the beneficiaries have an interest in land and not just in the sale proceeds, TLATA 1996, ss 12 and 13 concern the right of beneficiaries to live in the property subject to the trust.

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349193436428

Tags
#interests #land #law
Question
according to the [Statute] , there are only two legal estates in land: freehold and leasehold.
Answer
Law of Property Act 1925, s 1(1)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
according to the Law of Property Act 1925, s 1(1) , there are only two legal estates in land: freehold and leasehold.

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349195795724

Tags
#interests #land #law
Question
according to the Law of Property Act 1925, s 1(1) , there are only two legal estates in land: [...].
Answer
freehold and leasehold

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
according to the Law of Property Act 1925, s 1(1) , there are only two legal estates in land: freehold and leasehold.

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349197892876

Tags
#interests #land #law
Question
As an estate contract, an option to purchase must comply with the [Statute].
Answer
LP(MP)A 1989, s 2

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
As an estate contract, an option to purchase must comply with the LP(MP)A 1989, s 2.

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349264215308

Tags
#co-ownership #land #law
Question
[Statute] also empowers the court to dispense with any requisite consent to a sale or to consult any person in connection with the exercise of their power of sale.
Answer
TLATA 1996, s14(2)(a)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
TLATA 1996, s14(2)(a) also empowers the court to dispense with any requisite consent to a sale or to consult any person in connection with the exercise of their power of sale.

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349267623180

Tags
#co-ownership #land #law
Question
The usual order made between spouses is a [...], whereby the house is transferred to or remains in joint names on trust of land for both spouses in such shares as the court stipulates, with no sale until all the children of the marriage are at least 17 or cease full time education, whichever is later.
Answer
Mesher order

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The usual order made between spouses is a Mesher order, whereby the house is transferred to or remains in joint names on trust of land for both spouses in such shares as the court stipulates, with no sale until all the children of the mar

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349272341772

Tags
#co-ownership #land #law
Question
TLATA 1996, s14 is of less relevance to married couples as disputes here are resolved under the [Statute].
Answer
Matrimonial Causes Act (MCA) 1973

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
TLATA 1996, s14 is of less relevance to married couples as disputes here are resolved under the Matrimonial Causes Act (MCA) 1973.

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349274701068

Tags
#co-ownership #land #law
Question
TLATA 1996, s14 is of less relevance to married couples as disputes here are resolved under the Matrimonial Causes Act (MCA) 1973. This gives the courts a wide discretion to order the direct transfer of property from one spouse to another on the breakdown of marriage. [Statute] deals with orders for sale.
Answer
MCA 1973, s 24A

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
elevance to married couples as disputes here are resolved under the Matrimonial Causes Act (MCA) 1973. This gives the courts a wide discretion to order the direct transfer of property from one spouse to another on the breakdown of marriage. <span>MCA 1973, s 24A deals with orders for sale. <span><body><html>

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349277060364

Tags
#co-ownership #land #law
Question
TLATA 1996, s14 is of less relevance to married couples as disputes here are resolved under the Matrimonial Causes Act (MCA) 1973. This gives the courts a wide discretion to order the direct transfer of property from one spouse to another on the breakdown of marriage. MCA 1973, s 24A deals with [...].
Answer
orders for sale

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
as disputes here are resolved under the Matrimonial Causes Act (MCA) 1973. This gives the courts a wide discretion to order the direct transfer of property from one spouse to another on the breakdown of marriage. MCA 1973, s 24A deals with <span>orders for sale. <span><body><html>

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349279419660

Tags
#co-ownership #land #law
Question
An order for possession of a bankrupt’s property in favour of the trustee in bankruptcy was postponed for three years. The eldest child of the bankrupt lived in the property and was seriously disabled with cerebral palsy and required continuous care.
Answer
Re Haghighat (A Bankrupt)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
Re Haghighat (A Bankrupt) An order for possession of a bankrupt’s property in favour of the trustee in bankruptcy was postponed for three years. The eldest child of the bankrupt lived in the property and was seri

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349281778956

Tags
#co-ownership #land #law
Question
Where the spouse of a bankrupt had chronic long-term schizophrenia, an order for sale was postponed for 18 months.
Answer
Nicholls v Lan

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
Nicholls v Lan [2006] EWHC 1255 (Ch) Where the spouse of a bankrupt had chronic long-term schizophrenia, an order for sale was postponed for 18 months.

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349284138252

Tags
#co-ownership #land #law
Question
Where the bankrupt was suffering from terminal cancer and had six months to live, sale was postponed for three months after the bankrupt’s death to allow the elderly spouse to care for him in their own home during the latter stages of his life.
Answer
Re Bremner

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
Re Bremner [1999] 1 FLR 912 Where the bankrupt was suffering from terminal cancer and had six months to live, sale was postponed for three months after the bankrupt’s death to allow the elderly spouse to care for him in their own home during the latter stages of his life.

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349286759692

Tags
#co-ownership #land #law
Question
A short postponement of an order for sale was allowed where there was a paranoid schizophrenic spouse who could have been seriously affected by a move.
Answer
Re Raval

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
Re Raval [1998] 2 FLR 718 A short postponement of an order for sale was allowed where there was a paranoid schizophrenic spouse who could have been seriously affected by a move.

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349289118988

Tags
#co-ownership #land #law
Question
One example of a case where exceptional circumstances were found is that of [case]. In that case, an elderly lady who had lived in her house for over 40 years was allowed to remain, notwithstanding that her son’s trustee in bankruptcy had applied for a sale of the co-owned property. The court was advised that the proposed sale would be extremely detrimental to the mother’s health and agreed to postpone the sale until after her death.
Answer
Re Mott

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
One example of a case where exceptional circumstances were found is that of Re Mott [1987] CLY 212. In that case, an elderly lady who had lived in her house for over 40 years was allowed to remain, notwithstanding that her son’s trustee in bankruptcy had applied for a

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349291478284

Tags
#co-ownership #land #law
Question
explicitly stated under Insolvancy Act 1986 [Statute] that after one year, the interests of the creditors will prevail apart from where there are “exceptional circumstances”.
Answer
s.335A(3)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
explicitly stated under s.335A(3) that after one year, the interests of the creditors will prevail apart from where there are “exceptional circumstances”.

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349293837580

Tags
#co-ownership #land #law
Question
explicitly stated under s.335A(3) that [...].
Answer
after one year, the interests of the creditors will prevail.

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
explicitly stated under s.335A(3) that after one year, the interests of the creditors will prevail apart from where there are “exceptional circumstances”.

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349295410444

Tags
#co-ownership #land #law
Question
If a sale is opposed by the other co-owner(s), then the trustee in bankruptcy must apply to the court under [Statute] for an order for sale of the co-owned property.
Answer
TLATA 1996, s 14

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
If a sale is opposed by the other co-owner(s), then the trustee in bankruptcy must apply to the court under TLATA 1996, s 14 for an order for sale of the co-owned property. When such an application is made by a trustee in bankruptcy under TLATA 1996, s 14, the factors listed in TLATA 1996, s 15 do not apply

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349297769740

Tags
#co-ownership #land #law
Question
If a sale is opposed by the other co-owner(s), then the trustee in bankruptcy must apply to the court under TLATA 1996, s 14 for an order for sale of the co-owned property. When such an application is made by a trustee in bankruptcy under TLATA 1996, s 14, the factors listed in TLATA 1996, s 15 do not apply ([Statute]).
Answer
s 15(4)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
kruptcy must apply to the court under TLATA 1996, s 14 for an order for sale of the co-owned property. When such an application is made by a trustee in bankruptcy under TLATA 1996, s 14, the factors listed in TLATA 1996, s 15 do not apply (<span>s 15(4)). Instead, it is Insolvency Act 1986, s 335A which provides the list of relevant factors to which the court must have regard.<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349300129036

Tags
#co-ownership #land #law
Question
If a sale is opposed by the other co-owner(s), then the trustee in bankruptcy must apply to the court under TLATA 1996, s 14 for an order for sale of the co-owned property. When such an application is made by a trustee in bankruptcy under TLATA 1996, s 14, the factors listed in TLATA 1996, s 15 do not apply (s 15(4)). Instead, it is [Statute] which provides the list of relevant factors to which the court must have regard.
Answer
Insolvency Act 1986, s 335A

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
court under TLATA 1996, s 14 for an order for sale of the co-owned property. When such an application is made by a trustee in bankruptcy under TLATA 1996, s 14, the factors listed in TLATA 1996, s 15 do not apply (s 15(4)). Instead, it is <span>Insolvency Act 1986, s 335A which provides the list of relevant factors to which the court must have regard.<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349302750476

Tags
#co-ownership #land #law
Question
Enterprise Act 2002, which came into force on [...], requires a trustee in bankruptcy to make an application to realise the bankrupt’s assets within three years of the bankruptcy.
Answer
1 April 2004

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
Enterprise Act 2002, which came into force on 1 April 2004, requires a trustee in bankruptcy to make an application to realise the bankrupt’s assets within three years of the bankruptcy.

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349304323340

Tags
#co-ownership #land #law
Question
Enterprise Act 2002, which came into force on 1 April 2004, requires a trustee in bankruptcy to make an application to realise the bankrupt’s assets within [...].
Answer
three years of the bankruptcy

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
Enterprise Act 2002, which came into force on 1 April 2004, requires a trustee in bankruptcy to make an application to realise the bankrupt’s assets within three years of the bankruptcy.

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349305896204

Tags
#co-ownership #land #law
Question
[Statute], which came into force on 1 April 2004, requires a trustee in bankruptcy to make an application to realise the bankrupt’s assets within three years of the bankruptcy.
Answer
Enterprise Act 2002

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
Enterprise Act 2002, which came into force on 1 April 2004, requires a trustee in bankruptcy to make an application to realise the bankrupt’s assets within three years of the bankruptcy.</b

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349308255500

Tags
#co-ownership #land #law
Question
the trustee in bankruptcy steps into the bankrupt’s shoes and will, of course, wish to sell the co-owned land so as to realise some of the bankrupt’s assets (in accordance with his duty under [Statute])
Answer
Insolvency Act 1986, s 305(2)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
the trustee in bankruptcy steps into the bankrupt’s shoes and will, of course, wish to sell the co-owned land so as to realise some of the bankrupt’s assets (in accordance with his duty under Insolvency Act 1986, s 305(2))

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349312974092

Tags
#co-ownership #land #law
Question
If the bankrupt party is a joint tenant at the time of becoming bankrupt, the bankruptcy will amount to an act of severance. The bankrupt party will then become a beneficial tenant in common as to an undivided share in the property, which will then automatically vest in their trustee in bankruptcy (as per [Statute])
Answer
Insolvency Act 1986, s 306

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
bankrupt, the bankruptcy will amount to an act of severance. The bankrupt party will then become a beneficial tenant in common as to an undivided share in the property, which will then automatically vest in their trustee in bankruptcy (as per <span>Insolvency Act 1986, s 306)<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349317168396

Tags
#co-ownership #land #law
Question
There were several co-owners, one of whom wished the land to be sold in order to retrieve his investment. The court made an order postponing the sale for a period of some months to allow the other co-owners to get together in order to buy out the co-owner who wished to be released.
Answer
Ali v Hussein

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
Ali v Hussein (1974) 231 EG 372 In this case, there were several co-owners, one of whom wished the land to be sold in order to retrieve his investment. The court made an order postponing the sale for a period of some months to allow the other co-owners to get together in order to buy out the co-owner who wished to be released. Here, under the pre-TLATA 1996 principles, the court was clearly trying to maintain a balance between the respective interests of the parties. The court can take a similar approach under

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349319527692

Tags
#co-ownership #land #law
Question
A co-habiting couple bought a house as tenants in common in equal shares. They had five children. Due to the man’s violence, the woman left the house with the two younger children. The man continued to reside in the house with the other three children. The Court of Appeal refused to order a sale, but ordered the man to pay occupation rent to the woman that amounted to half a fair rent for the premises.
Answer
Dennis v McDonald

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
Dennis v McDonald [1981] 1 WLR 810 A co-habiting couple bought a house as tenants in common in equal shares. They had five children. Due to the man’s violence, the woman left the house with the two younger children. The man continued to reside in the house with the other three children. The Court of Appeal refused to order a sale, but ordered the man to pay occupation rent to the woman that amounted to half a fair rent for the premises.

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349321886988

Tags
#co-ownership #land #law
Question
High Court confirmed that the commercial interests (of creditors) will still take precedence over family interests (post- TLATA).This was despite the fact that the two children’s education at a specialist school would be disrupted; although the court did postpone sale for 12 months to give the family time to relocate.
Answer
Fred Perry v Genis

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
Fred Perry v Genis [2015] 1 P&CR DG5 the High Court confirmed that the commercial interests (of creditors) will still take precedence over family interests (post- TLATA).This was despite the fact that the two children’s education at a specialist school would be disrupted; although the court did postpone sale for 12 months to give the family time to relocate.

Original toplevel document (pdf)

cannot see any pdfs






Flashcard 1349324246284

Tags
#co-ownership #land #law
Question
A secured creditor was given precedence over other factors such as the poor health of the husband.
Answer
Putnam & Sons v Taylor

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
Putnam & Sons v Taylor [2009] EWHC 317 (Ch) in which a secured creditor was given precedence over other factors such as the poor health of the husband. Purle J also noted that Mrs Taylor’s reluctance to ‘downsize’ the family home was not of any special significance on the facts.

Original toplevel document (pdf)

cannot see any pdfs