Real Property (070317 )

If one co-owner leases their share of the property, is the other co-owner required to share possession with the lessee? 

Group of answer choices

No, all co-owners are entitled to possession so you cannot lease without all co-owners permission.

Yes, each co-owners can possess the whole and the lessor has granted exclusive possession to the tenant.

Yes, but can only possess part of the property, not the whole.

No, If one co-owner leases their interest that that means they have given possession of the whole to the tenant and the other co-owner must leave.

If a tenant with a 2-year fixed term lease wishes to enforce their unregistered interest on a new registered proprietor, which section would they need to satisfy?

Group of answer choices

RPA s 42(1)(d)

CA s 117

RPA s 43

CA s 23D(2)

Jennifer gifts her estate in fee simple to Margie, Louisa and Cecile. The instrument states that they are to hold as joint tenants. Louisa decides she wants out of the co-ownership. Louisa comes to you for advice. What is the most efficient and cost effective way to sever the joint tenancy? 

Group of answer choices

By leaving her interest to Julie in a will.

By written agreement with all the other co-owners.

By selling her property to Julie under a Contract for Sale.

Severance under s 97 of RPA.

Co-ownership in equity can exist under either a joint tenancy or a tenancy in common. A series of presumptions assist us to determine the precise co-ownership relationship. Which one of the following is not an evidential presumption for this purpose? 

Group of answer choices

Equity prefers a joint tenancy.

Commercial/business partnerships and business tenants: presumptions of tenancy in common in equity.

Unequal contributions to purchase price outside the domestic context: presumption of tenancy in common in equity.

Advance of mortgage loan to two or more mortgagors: presumption of tenancy in common in equity.

Equity follows the law.

Baz and Daz are long time friends and have purchased an old run down house together as joint tenants. They plan to renovate the property, sell it, and split the profits. Baz goes overseas and stops contributing towards the renovations. Which one of the following statements is true with regard to the distribution of profits if the matter proceeded to court? 

Group of answer choices

Baz will receive nothing, he has forfeited his interest to Daz.

Both men receive nothing and the proceeds are distributed to their next of kin.

Daz and Baz will each receive half of the proceeds.

The court will determine a fair distribution of the proceeds between the parties based on their actual contributions or mutual intention.