Co-ownership & trusts of land
Where two or more people own land together, the legal estate is always held on a trust of land. TOLATA 1996 governs the powers of trustees and resolution of disputes.
What "Co-ownership & trusts of land" covers
- Two forms of co-ownership: joint tenancy (no distinct shares, right of survivorship) and tenancy in common (distinct undivided shares, no survivorship).
- The four unities (possession, interest, title, time) must all be present for a joint tenancy; only unity of possession is needed for a tenancy in common.
- The legal title can only ever be held as a joint tenancy (LPA 1925 s.1(6), s.36(2)) and cannot be severed; maximum four legal trustees.
- The equitable title may be a joint tenancy or a tenancy in common; equity leans towards a tenancy in common (e.g. unequal contributions, business partners, express words of severance).
- Severance of an equitable joint tenancy (LPA 1925 s.36(2)) by written notice, or by the methods in Williams v Hensman: acting on one's share, mutual agreement, or a course of dealing.
- TOLATA 1996 s.12–13 give beneficiaries a right to occupy; s.14 lets any trustee or person with an interest apply to court; s.15 lists the factors the court weighs.
- On a s.14 application the court considers the settlor's intentions, the purpose of the trust, the welfare of any minor occupier, and the interests of secured creditors.
Key cases & statutes
The authorities and provisions most likely to matter for this subtopic:
How it's tested in SQE1
SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For co-ownership & trusts of land, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.
Where candidates lose marks
- Suggesting the legal joint tenancy can be severed — only the equitable interest can be severed.
- Treating survivorship as applying to a tenancy in common; it applies only to joint tenancies.
- Overlooking that unlawful killing severs a joint tenancy in equity (forfeiture rule).
Learn this subtopic in the course
A video lesson, notes and exam-style practice on co-ownership & trusts of land.
FAQ
Is co-ownership & trusts of land tested on SQE1?
Yes — co-ownership & trusts of land is part of the SQE1 Land Law syllabus (FLK2) and can appear in single best answer questions.
How is co-ownership & trusts of land examined in SQE1?
SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (LPA 1925 s.36(2), LPA 1925 s.34-36) helps.