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Steve and Rachel own adjoining properties which are separated by a field owned by the local authority. The local authority wishes to dispose of the field and, in order to avoid disputes, will only transfer it to both Steve and Rachel together. They subsequently build a fence down the middle of the land, separating their distinct shares. The transfer to them does not contain a declaration of trust. Rachel subsequently dies, and Steve claims that he has inherited Rachel's share under the Doctrine of Survivorship. How would you advise Rachel's estate?
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Steve and Rachel have exercised their right to partition the land under s.7 of the Trusts of Land and Appointment of Trustees Act (TOLATA) 1996, which allows co-owners to partition the land and hold distinct portions individually. As a result, there is no co-ownership between them anymore. Each owns their separate parcel of land outright. Therefore, Rachel's estate now owns her distinct parcel of land, and Steve has no claim to it under the Doctrine of Survivorship.
Key Point: Under s.7 TOLATA 1996, co-owners can partition the land they hold in trust, resulting in separate ownership. This means that upon the death of one co-owner, their share does not pass to the surviving co-owner but to their estate.
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