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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)


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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

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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)


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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

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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))

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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>

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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)


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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>

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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


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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)).

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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


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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)).

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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)


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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)).

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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)


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

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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


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

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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)


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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>

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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)


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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))

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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


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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)).</

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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)


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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>

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Flashcard 1349150182668

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


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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

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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


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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.

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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


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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.

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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


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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

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Flashcard 1349160930572

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


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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

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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)


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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

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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)


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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><

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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)


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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>

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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


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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>

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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


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

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Flashcard 1349177969932

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


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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

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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


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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>

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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


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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.

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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


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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.

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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


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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

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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


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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.

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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)


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

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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


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

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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


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

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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)


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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.

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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


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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

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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


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

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Flashcard 1349274701068

Tags
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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


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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>

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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


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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>

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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)


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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

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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


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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.

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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


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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.

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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


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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.

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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


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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

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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)


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

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Flashcard 1349293837580

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Question
explicitly stated under s.335A(3) that [...].
Answer
after one year, the interests of the creditors will prevail.


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

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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


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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

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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)


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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>

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Flashcard 1349300129036

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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


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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>

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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


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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.

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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


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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.

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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


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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

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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)


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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))

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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


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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>

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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


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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

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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


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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.

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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


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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.

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Question
A secured creditor was given precedence over other factors such as the poor health of the husband.
Answer
Putnam & Sons v Taylor


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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.

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