Land Law

Ninth edition

by Mark Davys

Suggested Answer to Exercise 11.4 (Part 1)

Approaching the Question

  • It is only an illustration. There is no one right way to answer any question.
  • There are two main themes likely to be raised in problem questions concerning co-ownership.
  • Who is beneficially entitled to the land and in what shares? This requires you to establish the beneficial interests of the co-owners (joint tenants or tenants in common). The relevant rules are considered in Chapter 10 of Land Law.
  • The rights and obligations of the parties, and the resolution of any disputes. The rules relating to these issues are mainly found in TOLATA 1996 and are considered in Chapter 11 of Land Law.
It is important to be able to quickly distinguish these two themes. Each theme has its own set of rules. It will not be easy for the examiner to award marks if the wrong set of rules has been used, no matter how accurately the rules themselves have been stated. Some questions cover only one of these themes, but often, as in this question, you will be required to address both themes. With the second type of question it is important to get the correct balance between the two themes: one theme may require more attention than the other in your final answer.

Before you go to the next page, make notes under the following headings:

  • What issues are raised by these facts?
  • What rules will you need to use to explore and address these issues?