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Cards In This Set
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S1(6) LPA 25
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Legal estate can only be held as joint tenants
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Joint tenants def
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No distinct shares, own property together
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S36(1) LPA 25
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Implied trust of land
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34(2) LPA 25
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Max no to hold legal estate is 4
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Goodman v Gallant
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Express declaration as to how equitable interest to be held is conclusive
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Lake v Craddock
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Equitable presumption of TIC for partnership
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S36(2) LPA 25
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Severance by notice - 1.in writing 2.show correct intention 3. correctly served on other JTs. also can't sever legal estate
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Harris v Goddard
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Intention to sever must be immediate
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S196(3) LPA 25
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Notice to sever must be sent to last known address
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S196(4) LPA 25
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Notice to sever deemed served if sent by registered post and not returned as undelivered
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Kinch v Billard
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JTs don't need to read notice for it to be deemed as served
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Williams v Hensman
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Total alienation - selling/giving away
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Burgess v Rawnsley
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Severance by mutual agreement need not be binding just show common intention
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Nielson-Jones v Fedden
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Mere unilateral declaration insufficient to sever
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Crippin v Crippin
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Severance by forfeiture
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