Fat Boy Case Study

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Joint ownership of leasehold or freehold property is well formulated under the English Law. The English law imposes various restrictive statutes that acts as guidelines and provide sufficient evidence of the terms of the agreement between the parties in agreement. Declaring interests before a transaction provides clarity about the intentions of the parties involved as well as helping in avoiding disputes in the future. There has been some uncertainty pertaining the position of joint owners in the English jurisdiction. Recent cases studies such as Stack vs. Dowden have only demonstrated the many difficulties being experienced in this area. This paper analysis the case scenario of Prince, Madonna, Fat Boy and Slim, who have contributed equally …show more content…

The agreement that binds Fat boy as one of the legal owners of the house is void under s2 of the Law of Property (Miscellaneous Provisions) Act 1989 that provides that a sale of land, transfer of an interest of land ought to be in writing. It is because before the transfer deed was registered their solicitor realized that Fat Boy was under age thus prompting the property to be registered in the names of Madonna, Prince, and Slim. Since there is no evidence showing that Fat boy is one of the legal owners of the property he would have to rely upon the conduct of the other owners to establish a common intention of sharing the property’s benefits as well as establishing that the conduct that he relied on resulted in a constructive trust. Rmember to mention how the register could be fixed, and that he could be viewed as someone with an equitable interestHe should show shared intentions, detrimental reliance, and unconscionable denial rights with respect to the property in ascertaining that he is equally entitled to the house (Brenton, …show more content…

Joint tenants tend to enjoy an equal share of the property while tenants in common tend to enjoy equal or unequal shares in proportion to their contribution. The fact that Prince sold his interest in the house to Madonna result to the joint tenancy shifting to a tenancy in common. Under these arrangements, the interest obtained from the sale of the house will be shared unequally, with Madonna getting the bigger portion. Moreover, the fact that Slim died in a car accident before he had sold his interest in the house to Madonna will also change the distribution of the proceeds from the sale of the house. The English law provides that in an ownership whereby all owners own the same property equally, when one party dies, the shares of the deceased passages to the other parties who own the property in Joint tenancy. On the contrary in tenants with common one may opt to leave his or her respective shares by to other people other than their partners through his Will. In the absence of a Will they share may pass to a family member of the deceased per intestacy rules as explained in the reading by Shepperson (2011).also case law under the co-ownership lecture notes Therefore, on this occasion since it is a tenancy with common Slim’s share of the proceeds from the sale of the house will be left to

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