LAND LAW | Lecture 5.1.2 | C0-OWNERSHIP | DETAILED ANSWER PLAN (Part 2)

Severance & TOLATA 1996 s.15. Part 2 of a detailed answer to a problem style exam question PREVIOUS VIDEO (part one) 👉    • LAND LAW | Lecture 5.1.1 | C0-OWNERSHIP DE...   VIDEO TO WATCH NEXT 5 key points you need to know about co-ownership 👉    • LAND LAW  | CO-OWNERSHIP  | 5 KEY POINTS T...   THE STORY CONTINUES .... (After Tommy has severed his joint tenancy) This is the 2nd of two land law lectures where I take you through an an answer plan to a problem question on co-ownership (from a LL.B exam paper) using the IRAC method. For land law students. Written by a UK university law lecturer. If you find my videos helpful I would really appreciate it if you buy be a cup of coffee. Thank you! Amanda HERE'S THE LINK ☕ https://www.buymeacoffee.com/bitesizelaw Time stamps 00:00 Part 2 of a worked answer to an exam question of co-ownership of land using IRAC 01:32 The right of survivorship. The effect of the legal and equitable ownership 01:59 Esme and Polly - Is an oral agreement a severance? Williams v Hensman 03:20 Severance by mutual agreement? Burgess v Rawnsley 04:30 Why the fractions are in 1/8s (not 1/4s)! 04:59 Polly dies. Applying the right of survivorship to the legal and equitable ownership 05.26 The current ownership 05.51 The second part of the question. Can a sale be forced? The facts 06:24 Who has the power to sell? 06:24 Can the equitable owners apply to court? TOLATA 1996, s.14 07.20 Is the court likely to order a sale under TOLATA 1996, s.15? 07:56 General tips for the exam 08:45 Identifying and applying the factors in TOLATA 1996, s.15 THE STORY CONTINUES .... (After Tommy has severed his joint tenancy) A month later, Tommy was killed in a car accident in Ireland whilst on an extended honeymoon. By his will, he left all his property to Grace. Arthur died shortly afterwards, leaving all his property to Linda. These events caused Polly and Esme to have a serious conversation about the position regarding the house. Polly told Esme that she wanted to ‘move on with her life’ as the house held too many sad memories for her. In the circumstances, she asked Esme to buy her share in the house. They agreed, verbally, that Esme would buy Polly’s share for £60,000. The next day Polly was taken to hospital where she died shortly afterwards. Her agreement with Esme was never put in writing. In her will Polly left all her property to her son, Michael. Esme recently married Freddie, who has moved into the house to live with her, bringing with him his 17-year-old son to live with them. Esme is adamant that the house should not be sold. However, Michael, who has no desire to live in the house with Freddie whom he dislikes intensely, wants it sold as soon as possible. He is deeply in debt to various loan sharks and is in desperate need of money. Grace has moved to Ireland to be near her family and also wants the property to be sold as soon as possible. Michael and Grace seek your advice as to who owns the house and whether they could force a sale.