However, Alan, Daniel and Claude remained as joint tenants holding 60% of the property share in total. Herein, the dispute emphasizes Claude’s rights to interfere in Zavier’s and Ray’s possession of the property share followed by the sudden demise of Daniel and Aunt Nora’s possession of the house as per the will of Alan, which can be sorted within the areas of Joint Tenancy and Tenancy in Common. In precise, the ultimate question in this dispute is who actually owns the shares of Alan and Daniel, following their sudden demise in an accident.
Explain the Law and Apply It to the Facts Which You Have Been Given The dispute faced by Claude, concerning his rights to the property share held by Alan and Daniel, as a joint tenant, can be assessed under the Law of Property Act (LPA) 1925. As per the scenario, Daniel, Alan and Claude share 60% of the property (i. e. their residential house) as Joint Tenants, while the tenancy rights of Bettina and Edward have already been separated on the grounds of Tenancy in Common laws. According to the LPA 1925, the members enjoying Joint Tenancy share common interests on the property and thus, Claude, in the described circumstance, can claim his rights to influence the proportional division of shares for the property5.
It is worth mentioning in this context that as per section 33 of the Administration of Estates Act 1925, following the sudden demise of Alan and Daniel, ‘the right of survivorship’ now belongs to Claude, providing him a right to claim for his share being in Joint Tenancy agreement with Alan and Daniel6. To be precise, according to the LPA 1925, joint tenants are usually regarded as the single entity and the members’ hold equal ownership on the entire property.
In case of the death of any member under the agreement of joint tenancy, the entire ownership is shared amidst the existing members as per the LPA 1925. In this respect, this particular ownership of the existing members is referred as the ‘right of survivors’. Furthermore, it must also be taken into account that joint tenancies occur only under the presence of no more than four members holding a legal title.
As per the facts of the case, Alan, Daniel and Claude held a single legal title, while Bettina (even though she initially held the legal title along with the other three members) and Edward (who held an equitable title to the property) separated willingly and through the agreement of other members in written, i.e. through letter for Bettina and Skype for Edward, as tenants in common.
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