Co ownership in Land Law
- The facts
- The steps of the ownership of the house
- Its consequences for Jocasta
- The nature and the extent of the interests of Jocasta
In the year 2000, there were three sisters Hermione, Iris and Jocasta, who inherited their mother's house property. The house was transferred in their joint names and they simultaneously gladly occupied their respective portions. A squabble broke out between Hermione and Iris which resulted in the former moving out of her mother's premises in 2006. Hermione proceeded towards a solicitor who advised her to serve a notice under Section 36(2) pertaining to the Law of Property Act 1925 against her two other sisters. Hermione signed the letter and the solicitor posted it. Paradoxically, Hermione came to terms with Iris because she had had a terrible accident. Soon after this compromise, the letter arrived. Hermione was wise enough and therefore, tore up the letter when delivered, without her sisters knowing about its existence. In 2007, Iris returned to the house, feeling very depressed. She made a suicide pact with Jocasta and together took an overdose of painkillers. When Hermione entered the house, she found both sisters unconscious and called for an ambulance. On its way to the hospital, the ambulance ran over Hermione and killed her. Iris was pronounced dead on arrival at the hospital and Jocasta's recovery was a slow process but, she sailed through and recovered completely. Iris had not left a will so a complex situation did not arise. Whereas, Hermione had left a will stating that her share in the house was to be given to her cousin Liam. Incidentally, a copy of the letter signed by Hermione in 2006 was found in the solicitor's files. Therefore, one needs to identify the nature and the extent of Jocasta's interests and rights in the house. In order to do so, we are going to focus on every step wherein the ownership of the house changed from time to time. Thereafter, we will deduce and then identify the subsequent consequences for Jocasta.