LLB Law Assignment - Property Rights

LLB Law
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Table of Contents
Question 3..................................................................................................................................3
Introduction............................................................................................................................3
Advises to the Parties Involved Legal and Beneficial Estates Devolve.................................4
Advising Dita for Taking steps to Compel the Sale of the Property..........................................8
Conclusion................................................................................................................................10
Bibliography.............................................................................................................................12
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Question 3
Introduction
Property rights can be referred to as the exclusive authority, which helps in determining the
ways to use resources1. In addition, it can be defined as the process of assessing an
individual’s ability to accrue private property, which is protected by precise laws that are
often enforced by the state. It mainly focuses on measuring the extent, to which property
rights can be protected by the nation’s laws2. In this context, a property can be owned jointly
by the purchasers. This can be purchased in the form of ‘joint in common’ or ‘joint tenants’.
Hence, ownership type can have a significant impact on the property, if there are issues
between the owners or even of one of the owners dies. Contextually, joint tenants are also
known as beneficial joint tenants. Herein, the individuals have equal rights to the owned
property. The individuals also possess the right to own the property if one of them dies.
Additionally, the property cannot be passed in the will of the dying owner. On the other hand,
‘tenants in common’ has the right to own shares of the property, which implies that the
property cannot be automatically transferred to another owner if one of them is dead.
Additionally, the dying owner of the property cab passes the share in his or her will3.
Herein, in the given case study, Amelia, Mohammed, Susannah, Xena, and Zachary have
purchased a calamity house. However, two of the owners have died. However, Dita, who is
the girlfriend of the deceased Mohammed due to financial issues want to sell the house, as the
latter leaves his will in her name. Herein, Zachary and Richards are also in favor of selling
the property, but Xena does not want to sell it, as she is single and eight months pregnant and
1Armen A. Alchian, ‘Property Rights’ (Liberty Fund, Inc, 2019)
<https://www.econlib.org/library/Enc/PropertyRights.html> accessed 14 January 2019
2The Heritage Foundation, ‘Property Rights’ (Economic Freedom, 2019)
<https://www.heritage.org/index/property-rights> accessed 14 January 2019
3Crown, ‘Joint Property Ownership’ (Home, 2019) <https://www.gov.uk/joint-property-ownershipl> accessed
14 January 2019
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have no other place to live. Thus, the objective of this research paper is to advice the parties
regarding the transfer of the legal, as well as the beneficial estates. This research paper also
focuses on advising Dita about the process or steps, in which she can sell the property at the
earliest.
Advises to the Parties Involved Legal and Beneficial Estates Devolve
The devolution of real estate can be inferred from the statement “Real estate to which a
deceased person was entitled to an interest not ceasing on his death, shall, on his death and
notwithstanding any testamentary disposition thereof, devolve on the personal representative
of the deceased”4. With respect to Amelia, who died tragically due to food poisoning had left
her will in the name of her sister Phoebe. Hence, based on the Administration of Estates Act
1925, an ““intestate” means a person who dies without leaving a will and includes a person
who leaves a will but dies intestate as to some beneficial interest in his real or personal
estate”5. Thus, based on this Act, Phoebe can focus on getting her share of the property.
Since, Amelia has a valid will made for her sister, based on the Inheritance Act of 2002,
‘administration’ states that with reference to personal along with the real estate of a dead
individual, letter of administration indicates irrespective of being limited or general, “or with
the will annexed or otherwise”6. Thus, in this context, the person, who is guaranteed with the
estate, is known as the administrator7. In relation to the case of Phoebe, since the calamity
house was purchased by contributing unequal amounts, it can be stated that it falls under
‘Tenancy-in-Common’, which depicts that every owner has a different interest over the
property and does not have to have equal shares8.
4Faolex, ‘Administration of Estates’ [2006] CH108 5
5Faolex, ‘Administration of Estates’ [2006] CH108 3
6OAS, ‘Inheritance’ [2002] CH116 1
7Ibid
8Seniors First BC, ‘Shared Ownership of Property’ (Home, 2020) <http://seniorsfirstbc.ca/resources/legal-
research-articles/shared-ownership-of-property-article/> accessed 14 January 2019
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