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Vlrc para 471 i claim made by the occupying co owner

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(VLRC para 471) i. claim made by the occupying co-owner for improvements or other outgoings 14
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ii. Claim made for wrongful exclusion/ ouster. Occupying co- owner excludes the other they can claim under s233(3) (b). Need to show that when leaving the property you suffered detriment (cost to find new accommodation). c. profits and rents from third parties. i. Rents that might be received from tenants or profits made from the land (crops etc – businesses run from the land). ii. PLA s28(a) there has been a legislative ability to claim for rents and profits from the other co-owner. Co-owners must “account” to others for rents and profits. iii. That is where rent/profits is more than their share. iv. VCAT can now make these orders. Originally you could look at the unities and say that because you are all entitled to you the land wholly then there is no obligation to account to the other co-owner unless you had excluded the other co-owner from the land. If you had agreed for one of the co-owner would collect the rents and profits for distribution. This position was changed by the Statute of Queen Anne – provided an action for account where the co- owner has received “more than his just share”. Henderson v Eason (1851) Held: The provision only applied where a third party had paid the money. It did not apply where the payment was a result of the co-owner’s own exertions. Baron Park: Industrial fruits that would not have existed but for the co- owner’s industry and capital (at own risk). NB: Equitable accounting was only ever available as part of a proceeding for partition. The Statute of Anne was repealed in Victoria in 1980. In 1988 PLA s28(a) was inserted to allow for an accounting of rents and profits. S234(a) facilitates an application for an “accounting” by cross-referencing s28(a) by VCAT. You can only claim the actual amounts received – you cannot claim what might have been received. VCAT may order any order that it thinks fit to ensure that it is just and fair s228(1). 15
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Claims made during the co-ownership (when not seeking to end it) you may only claim for rents and profits A co-owner can: Sell it. Gift it. Declare that it is held in trust. Can lease the land. o But has a strange affect of a joint tenancy. Adverse possession – LAA (1958) S14(4) – allows an adverse possession to occur by one co-owner against the interests of the other(s). Wills v Will (2003) Facts: George and Elma own a property in Jamaica. E left G behind in the house. G lease out the flat. G kept the rental income to himself although they were joint tenants. G who had since remarried, died. E claimed that she was the sole surviving joint tenant. But G’s second wife said that the property was part of her husband’s deceased estate. Held: At common law, possession by one co-owner is possession by all co-
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VLRC para 471 i claim made by the occupying co owner for...

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