Examination Timing: 00H03M12S
Sarah and Jonathan own adjoining properties which are separated by a field owned by the local authority. The local authority wishes to dispose of the field and, to avoid disputes, will only transfer it to both Sarah and Jonathan together. They then build a fence down the middle of the land, separating their distinct shares. The transfer to them does not contain a declaration of trust. Sarah subsequently dies, and Jonathan claims that he has inherited Sarah's share under the Doctrine of Survivorship. How would you advise Sarah's estate?
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Sarah and Jonathan have exercised their right to partition the land under s.7 of the Trusts of Land and Appointment of Trustees Act (TOLATA) 1996, meaning there is no longer any co-ownership between them. Consequently, Sarah's estate owns a distinct parcel of land, and Jonathan has no claim to it under the Doctrine of Survivorship.
Key Point: Partitioning land under s.7 TOLATA 1996 eliminates co-ownership, and each party owns their distinct share of the land outright. Therefore, upon the death of one party, their share passes to their estate, not the surviving co-owner.
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