Amelia Case Study - Advise Amelia on the Property Law Issues - Joint Tenancy and Tenancy in Common - Law Assignment Help

Assignment Help:

Law Assignment Help

Under a family arrangement Amelia and her three daughters, Bella, Chloe, and Daisy purchased the primary production property Purpleacre. When purchased Purpleacre was held under Old System title not Torrens title. Purpleacre was subsequently listed under the Real Property Act 1900 (NSW). Purpleacre was purchased at auction for $600,000. Amelia contributed $300,000 in cash to the purchase price and Bella, Chloe, and Daisy contributed $100,000 each in cash. The original contract listed Amelia as the sole purchaser. This contract was replaced three weeks later by a deed of conveyance which listed Amelia, Bella, Chloe, and Daisy as tenants in equal shares.
On the typed signed contract the term ‘tenants in common’ has been crossed out and in its place written in black pen was the term ‘joint tenants’. The solicitor in her file note wrote that she advised Amelia and her three daughter that tenancy in common means that you have separate discrete shares in a property and consequently can sell those individual shares. The file note further states that Amelia and her three daughters generally agreed that they all wanted to run Purpleacre together without the possibility that someone outside the family would become involved. There is no mention in the file note whether the rule of survivorship as a natural consequence of joint tenancy was explained.

Daisy recently died unexpectedly while vacationing overseas. In her will Daisy left everything to the RSPCA (Royal Society for the Prevention of Cruelty to Animals). Amelia seeks your advice as she is aware that you are studying property law. She advises you that her understanding of the family arrangement was that she was to hold a half share in Purpleacre and her daughters were to share equally in the remaining half. She cannot recall the solicitor explaining the difference between joint
tenancy and tenancy in common. Amelia emphatically states that she does not want to sue the solicitor. With reference to legal authority, advise Amelia on the property law issues.

1.  In answering this question, it is important that you restrict your advice to property law issues;
2.  If there are statutory provisions which are of relevance to your answer then emphasis should be placed upon the relevant legislation and regulations in force in New South Wales;
3.  What is the difference between joint tenancy and tenancy in common?;
4. Can you be joint tenants at law but tenants in common in equity?;

This Law Assignment has been solved by our Law experts at My Uni Paper. Our Assignment Writing Experts are efficient to provide a fresh solution to this question. We are serving more than 10000+ Students in Australia, UK & US by helping them to score HD in their academics. Our experts are well trained to follow all marking rubrics & referencing style.

Be it a used or new solution, the quality of the work submitted by our assignment experts remains unhampered. You may continue to expect the same or even better quality with the used and new assignment solution files respectively. There’s one thing to be noticed that you could choose one between the two and acquire an HD either way. You could choose a new assignment solution file to get yourself an exclusive, plagiarism (with free Turnitin file), expert quality assignment or order an old solution file that was considered worthy of the highest distinction.