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TLATA altered the rights of The Wolfenden Report shifted perceptions about the role of the law in enforcing morality.’
Member rating: No Rating | Words: 2500 | Submitted: Fri Apr 04 2008
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The tenants in common are owners of undivided shares and whilst the advantage is that they avoid the 'survivorship wheel of fortune' and can decide to whom their share may vest, its drawbacks are the great inconvenience it creates for the conveyancing process. The 1925 legislation sought to promote free alienability of land and aimed to simplify the conveyancing system. Consequently it held that the tenancy in common, could exist only in equity and also that whenever land is subject to co-ownership a trust for sale is imposed. The equitable interests in the land were presumed to be rights in personalty...and therefore all trustees had an automatic duty to sell1. However since the coming into force of the LPA19252 the position of undivided owners is different from what it was before. No longer is property purchased primarily for investment as matrimonial and cohabiting purposes are fast becoming more popular. However...
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