Co Tenancies - Old System - Law Assessment Answer

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Law Assessment Task

Question One – Old Systems
Explain what is meant by good root of title and how this works when doing an old systems conveyance. What happens when you can not find a good root of title?
Question Two – Co tenancies
Fred and Wilma purchased their matrimonial home as joint tenants in 1995. Mary contributed 75% of the purchase price and Fred contributed 25%. In December, 2011 Wilma decided that, rather than leaving her share of the property to Fred when she died she would prefer to leave it to her son from her first marriage, Pebbles.
She visits her local solicitor who tells her that she needs to sever the joint tenancy before she can make any disposition of the property by Will. He prepares a Transfer in the approved form which Wilma executes and the solicitor witnesses but he tells her that she must bring in the Certificate of Title before the Transfer can be registered. In the meantime, Wilma also amends her Will to note Pebbles as the sole beneficiary of her whole estate. Both the transfer and the amended Will remain in the solicitor’s files.

In January, 2012 Wilma dies without having produced the certificate of title and two months later Fred is declared bankrupt. The executor of Wilma’s Will asks you for advice about who owns the property and why. Advise using only reference to property law in both cases and legislation.
Question Three – Strata Title and Community Title
What are the main differences between a strata title property and a community title property? What types of developments are well suited to a community title development?

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