Summary
Annie and Ben hold the legal title to Green Gables as joint tenants, having contributed financially and secured a mortgage. Cath and Dai, having contributed £75,000 each, possess an equitable interest through a constructive trust, reflecting their financial input and inferred common intention. They are likely tenants in common, meaning they have distinct, proportionate shares in the property, which can be unequal and passed to heirs. The Trusts of Land and Appointment of Trustees Act 1996 and the case of Jones v Kernott [2011] UKSC 53 support these interests, allowing courts to infer intentions based on contributions and conduct.Full Conversation
significance of Jones v kernott
The significance of Jones v Kernott [*] UKSC * lies in its impact on property law, particularly regarding the ownership of shared property for unmarried couples. The case clarified that:
- Courts can infer or impute intentions about the division of property based on the conduct of the parties.
- It emphasized a flexible, case-by-case approach to determining shares in a property.
Do you have a specific question about this case or property division?
A couple, Annie and Ben, are the registered proprietors of Green Gables, the freehold title to
which they bought for £*,*. The intention was that they would live in the property with
Ben’s parents, Cath and Dai.
Cath and Dai each contributed £*,* to the purchase price. Annie and Ben made individual
contributions of £*,* each to the purchase price. The remaining £*,* was provided by
way of a loan taken by Annie and Ben from Middle Bank plc. The loan is secured on Green
Gables by way of a mortgage.
Cath and Dai live in Green Gables along with Annie and Ben.
Identify the type of property estate and/or interests that Cath, Dai, Annie and Ben have
in Green Gables when the purchase of the property is registered at HM land Registry,
and the manner in which they hold those interests. Give reasons for your answer
supported by case law and relevant statutory sections
The property estate and interests in Green Gables can be identified as follows:
-
Annie and Ben: They hold the legal title as joint tenants. They both contributed financially and took the mortgage.
-
Cath and Dai: They likely have an equitable interest in the property, proportionate to their contributions.
Legal Basis:
- Trusts of Land and Appointment of Trustees Act * (TOLATA): This allows for the recognition of equitable interests.
- Jones v Kernott [*] UKSC *: Courts may infer or impute intentions based on contributions and conduct.
Would you like more details on how these interests can be quantified or any other specific aspect?
what type of equitable interest do Cath and Dai have
Cath and Dai have an equitable interest in Green Gables. Given their financial contributions, they likely have a constructive trust interest. This type of equitable interest arises from their substantial contributions to the purchase price and the common intention inferred from their actions.
Would you like more details on how their interests can be quantified or any specific legal points?
what type of tennants are they
Cath and Dai are likely considered tenants in common. This means they each have distinct, proportionate shares in Green Gables based on their contributions (£*,* each). Unlike joint tenants, their shares can be unequal, and their interests can be passed on to heirs.
Would you like more information on tenants in common or any other aspect of property law?
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