1. Sucessive
   1. Still Exists but cannot be created
2. Creation of Interests
   1. Equitable
      1. Resulting Trusts
         1. Contribution to Purchase price (Dyer -v- Dyer)
         2. Later Contributions to mortgage (Laskhar -v- Laskhar)
         3. through discount (council houses etc.) (Mumford -v- Ash)
         4. Should not be used in Residential transaction (Stack -v- Dowden)
         5. Contribution is % of purchase price
      2. Constructive Trusts
         1. Detrimental Reliance
            1. Agreement not to put name on title can be enough (Grant -v- Edwards)
         2. Common Intention
            1. Pre Stack -v- Dowden
            2. Express Discussion (Springett -v- Defoe)
            3. Direct Financial Contribution
            4. Proving it
            5. Financial Contribution to purchase price
            6. Express oral statements (Hammond -v- Mitchell)
            7. Post Stack -v- Dowden
            8. Common Intention has been extended to include all conduct (see 69 Baroness Hale)
            9. Cases Applied
            10. Acquisition Cases
            11. Abbott -v- Aboott (PC) (Baroness Hale, Lord Neuberger)
            12. Laskhar -v- Laskhar (CA) (Lord Neuberger) (doesn't apply in business cases - limits Stack -v- Dowden to matrimonial cases - no reason why resulting trust can't be used in investment cases)
            13. Hapeshi -v- Allmatt (CD)
            14. Quantification Cases
            15. Jones -v- Kernatt
            16. Financial Contributions don't need to be given the most weight
         3. Requires Both (Lloyds Bank -v- Rossett)(Gissing -v- Gissing)(Pettit -v- Pettit)
      3. TOLATA [1996] applies
   2. Legal
      1. See Registered Land
      2. Can only be Joint Tenancy S 1(a) LPA [1925]
3. Concurrent
   1. More Common
   2. Joint Tenancy
      1. 4 Unities
         1. Title - Arises from the same instrument
         2. Interest - All must be freehold or all must be leasehold
         3. Time - Interests start at the same time
         4. Posession - Exclusive possession of the whole
         5. If these not present Cannot be Joint tenancy
      2. Survivorship
         1. Means there is no conveyancing requirement upon death
      3. Can be either equitable or legal
      4. Severance
         1. Ways to Sever
            1. Notice in writing (Harris -v- Goddard)
            2. S 36 (2) LPA [1925]
            3. 196(3)
            4. (Kinch -v- Bullard) Doesn't require receipt
            5. 196(4)
            6. Registered post which isn't RTS is considered to been received when it should have been
            7. Sev form is deemed to sever when it is served
            8. When it is received
            9. Must be served on all Joint Tenants
            10. Must have immediate effect
            11. Unlawful Killing
            12. The Three Rules in Williams -v- Hensman (1861)
            13. (A) Mutual Agreement
            14. (Burgess -v- Rawnsley) Majority view
            15. The agreement to execute wills severs
            16. Subtopic 5
            17. 1. Alienation
            18. (Re Dennis (a Bankrupt) (1995) - bankruptcy severs
            19. Sale severs
            20. Assignment of a lease severs
            21. Breaks the unity of possession unless the rent is divided between Joint tenants
            22. May be unilateral but must be unequivocal
            23. 2. Oral Declaration
            24. Where it is not communicated or is simply a mere oral statement not effective (Burgess -v- Rawnsley)
            25. 3. Commencement of Litigation
            26. Re Drapers Conveyance [1967] - sworn affidavit was enough
            27. (B)
            28. (B) Acting on ones share
            29. (C) Mutual Conduct
            30. Lord Denning in (Burgess -v- Rawnsley)
   3. Tenancy in Common
      1. Equal Shares
      2. Only requires Possession
      3. No Survivorship
      4. Can only be equitable
   4. How do you tell the difference between Joint Tenancy and Tenancy in Common?
      1. Joint Tenancy
         1. Express Agreement (Goodman -v- Gallant)
         2. Equity follows the law - Default is Joint Tenancy
      2. Tenancy in Common
         1. Unequal contributions
         2. Express Creation (always writing)
            1. S 53 1(A/B) LPA 1925 - when parties buy the land
         3. Malayan Credit -v- Jack Chia-MPH Ltd [1986] - if unequal use presumption towards TIC (PC)