[{"id":"43718201-4e06-4258-90ed-561c124b21bf","order":1,"text":"DECLARATION OF TRUST","fontSize":"22","textAlign":"center","bold":true,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"1af77274-4da6-45df-9b6f-6ae48641f57c","order":2,"text":"(also known as a Deed of Trust) relating to jointly owned property held by tenants in common","fontSize":"14","textAlign":"center","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"b1f0bc48-46b3-4e86-ac2b-7398f3fda57b","order":3,"text":"made under the law of England and Wales","fontSize":"12","textAlign":"center","bold":false,"underline":false,"marginBottom":"24","cflou":false,"active":true},{"id":"ef48d6e0-73dc-4e9f-97a2-b4db575ca968","order":4,"text":"THIS DECLARATION OF TRUST is made as a deed on [Date of the deed].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"4203f7b6-a352-44b0-a826-fdd00bc7d23c","order":5,"text":"BETWEEN","fontSize":"15","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2cbadca3-97f5-46bd-8c01-e1989d77074d","order":6,"text":"(1) [Full name of the first co-owner] of [Address of the first co-owner] (the "First Co-Owner"); and","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"12","cflou":false,"active":true},{"id":"50834fcf-e8eb-4228-8b37-f748ed4038ec","order":7,"text":"(2) [Full name of the second co-owner] of [Address of the second co-owner] (the "Second Co-Owner").","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"12","cflou":false,"active":true},{"id":"a909a1f7-0d0f-4f61-91bf-3ec8fcad50b6","order":8,"text":"The First Co-Owner and the Second Co-Owner are together referred to as the "Co-Owners" and each as a "Co-Owner". Where the context so admits, the singular includes the plural and references to a Co-Owner include his or her personal representatives and successors in title.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"d467adae-2307-4efd-9b23-4c3fd941853e","order":9,"text":"BACKGROUND","fontSize":"15","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"08136d46-8b3d-475c-bd14-aa39c9a184a7","order":10,"text":"(A) The Co-Owners are the legal owners, or are about to become the legal owners, of the freehold or leasehold property known as [Full address of the property] registered at HM Land Registry under title number [Land Registry title number] (the "Property").","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"3d18ceac-9a61-4a6b-944c-4fe9b179dabc","order":11,"text":"(B) The Co-Owners hold, or will hold, the legal estate in the Property upon trust for themselves as beneficial owners. They wish to hold the beneficial interest in the Property as tenants in common in the shares and on the terms set out in this deed, rather than as joint tenants.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"78271a16-c4e0-4a10-890c-3600c5b81aef","order":12,"text":"(C) The Co-Owners have agreed to record in this deed their respective contributions to the acquisition of the Property, the shares in which they are beneficially entitled, and the terms governing the ownership, occupation, management and eventual disposal of the Property.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"65b6a10d-6bdc-4929-9780-ba38bb54c806","order":13,"text":"(D) The Co-Owners intend this deed to have effect as a declaration of trust which is conclusive as to their respective beneficial interests in the Property.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"020ddb63-8e02-4732-ae1a-233594994600","order":14,"text":"NOW THIS DEED WITNESSES AND IT IS HEREBY AGREED AND DECLARED as follows:","fontSize":"15","textAlign":"left","bold":true,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"3f91e337-28ab-4c0c-a306-37808947f98b","order":15,"text":"1. DECLARATION OF TRUST","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"12","cflou":false,"active":true,"marginTop":"18","sectionNum":"S01"},{"id":"c56cd71c-cd1c-4ffc-8640-ada26498dbd9","order":16,"text":"The Co-Owners declare that from the date of this deed they hold, and shall hold, the legal estate in the Property upon trust to sell the same (with power to postpone such sale for so long as they shall in their absolute discretion think fit) and to hold the net proceeds of sale and the net income until sale upon trust for themselves as tenants in common in the shares set out in the Article entitled "Beneficial Ownership Shares".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"76d7d0ad-8ea4-4a8f-a3f5-d5e6f4c79502","order":17,"text":"This declaration of trust is intended to be conclusive as to the beneficial ownership of the Property and, in accordance with the principle in Goodman v Gallant, shall be conclusive of the parties' respective beneficial interests and shall override any presumption of resulting or constructive trust, any inference of a common intention constructive trust, or any application of the maxim that equity follows the law, that might otherwise arise.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a31e5ac3-189f-4898-88e3-f0ca6d55920e","order":18,"text":"The Co-Owners intend that their respective Beneficial Shares shall be determined solely in accordance with the express terms of this deed and not by reference to the whole course of dealing between them, save to the extent that this deed itself provides for adjustment.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"001cfb0e-9cfb-4134-8897-7087046d9344","order":19,"text":"2. THE LEGAL ESTATE AND HM LAND REGISTRY","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"12","cflou":false,"active":true,"marginTop":"18","sectionNum":"S02"},{"id":"7149b21a-6bf4-4db2-8637-50d12d7b84a8","order":20,"text":"The Co-Owners hold the legal estate in the Property as joint tenants at law upon the trusts declared by this deed. The legal estate cannot be severed, and neither Co-Owner shall sever, partition or purport to deal separately with the legal estate.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"995052ee-9179-4bbc-8348-99ea5908e490","order":21,"text":"The Co-Owners confirm that, on the transfer of the Property to them, they declared in the transfer (Land Registry Form TR1, or the corresponding provision of any other transfer) that they were to hold the Property on trust for themselves as tenants in common in the shares set out in this deed, or (if no such declaration was made in the transfer) that this deed records that trust.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"07144099-4e56-46b9-9615-0b458b26512c","order":22,"text":"The Co-Owners shall apply to HM Land Registry for a restriction in Form A to be entered in the proprietorship register of the title to the Property, so that no disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court. The Co-Owners shall each do all things reasonably necessary to procure and maintain that restriction.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b085a3b9-dce0-4177-9039-050e7cc4c45f","order":23,"text":"3. DEFINITIONS AND INTERPRETATION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"12","cflou":false,"active":true,"marginTop":"18","sectionNum":"S03"},{"id":"d2ce283f-4a16-4817-8b6d-87d9f5f12ac7","order":24,"text":"In this deed, unless the context otherwise requires:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"8888ad9a-e4c8-4428-831a-593f3cbf829b","order":25,"text":""Property" means the property described in Recital (A), including any buildings, fixtures and fittings and all rights enjoyed with it and any part of it;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"a6b5548e-8af3-48b0-82d6-2d52150467e2","order":26,"text":""Mortgage" means any legal charge or mortgage secured on the Property from time to time, including the mortgage (if any) taken out to fund the acquisition of the Property and any further advance, remortgage or replacement of it;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"fb2d6e61-8886-48c4-8cf4-6ae43b4fa163","order":27,"text":""Deposit" means the aggregate of the sums contributed by the Co-Owners towards the purchase price of the Property otherwise than by way of the Mortgage, together with the associated costs of purchase (including Stamp Duty Land Tax, legal fees, survey fees and disbursements) unless this deed provides otherwise;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"3ce8c950-1e2b-492a-886e-6a6579a413c7","order":28,"text":""Net Proceeds of Sale" means the gross proceeds of sale of the Property less (i) all sums required to redeem the Mortgage, (ii) the reasonable costs and expenses of sale (including estate agents' and conveyancing fees), and (iii) any other sum properly payable on completion of the sale;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"9adf572b-9a71-47ad-9cf5-a176ee271e52","order":29,"text":""Outgoings" means all periodic sums payable in respect of the Property, including mortgage instalments, ground rent, service charges, insurance premiums, council tax, water rates and utility charges, and the cost of routine repairs and maintenance;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"986b980f-dd79-427c-8a8b-cc7281c9e8f1","order":30,"text":""Beneficial Share" means, in relation to each Co-Owner, the share of the beneficial interest in the Property to which that Co-Owner is entitled under this deed;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"09ccca83-c16f-46cd-90cb-a3146ff193ba","order":31,"text":""this deed" means this declaration of trust as varied, supplemented or replaced in writing from time to time in accordance with its terms;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"b1e504a9-513c-43de-bd35-4777617e2a2e","order":32,"text":""Business Day" means a day other than a Saturday, Sunday or public holiday in England and Wales on which banks are open for general business;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"60ea902e-09b3-46d6-b7c4-b52a03d009ed","order":33,"text":""Capital Works" means works of improvement, alteration, extension or development to the Property that increase its capital value, as distinct from Repairs;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"88eb4443-c565-4341-8e84-205ceca273a9","order":34,"text":""Repairs" means works of repair, maintenance, redecoration and the replacement of fixtures and fittings in the ordinary course, which do not of themselves increase the capital value of the Property;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"8f78f8b0-b5fc-4fd9-bddb-401def768d4e","order":35,"text":""Further Advance" means any additional borrowing secured on the Property after the date of this deed, whether from the original mortgagee or another lender, and any remortgage;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"dd0ef1e4-650a-4f78-9058-0163f65deeef","order":36,"text":""Occupation Rent" means a payment for the sole or predominant occupation of the Property by one Co-Owner to the exclusion of the other, of the nature described in the Article entitled "Occupation of the Property".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"173db4ac-febd-41ca-b2e3-a013937bf847","order":37,"text":"The headings in this deed are for convenience only and shall not affect its interpretation. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time. Where a Co-Owner comprises more than one person, their obligations are joint and several.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e8c995dd-26dc-4e44-99d9-afa4f741d111","order":38,"text":"4. BENEFICIAL OWNERSHIP SHARES","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"12","cflou":false,"active":true,"marginTop":"18","sectionNum":"S04"},{"id":"49edf9d0-0cd4-499b-9eac-d84f62cec0e7","order":39,"text":"The Co-Owners hold the beneficial interest in the Property as tenants in common. Subject to any adjustment expressly provided for in this deed, their respective Beneficial Shares are as follows.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"7be56e0d-5ac1-4764-82f1-2b39c92ca034","order":40,"text":"[Full name of the first co-owner] is entitled to [First co-owner's share, e.g. 50]% of the beneficial interest in the Property.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"2229cf7b-9908-4d9c-ae93-d3f22a74f210","order":41,"text":"[Full name of the second co-owner] is entitled to [Second co-owner's share, e.g. 50]% of the beneficial interest in the Property.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"7c0518b3-38c6-4e64-add6-bcacb4910614","order":42,"text":"The Co-Owners confirm that these shares reflect their common intention as to the ownership of the Property and, save as expressly provided in this deed, shall not be varied by reason only of any difference in the Outgoings or other sums paid by each Co-Owner after the date of this deed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"11300f0c-0e9d-4338-bd90-9bcde71c7493","order":43,"text":"5. INITIAL CONTRIBUTIONS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"12","cflou":false,"active":true,"marginTop":"18","sectionNum":"S05"},{"id":"0b681ee5-6fc1-4616-a081-028931c38e88","order":44,"text":"The Co-Owners acknowledge that the purchase price of the Property was [Purchase price of the property] and that the initial contributions towards the Deposit and costs of purchase were made as follows.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"a6f0e508-9c6b-4590-b306-cb72344d300a","order":45,"text":"The First Co-Owner contributed [First co-owner's deposit contribution] towards the Deposit and costs of purchase.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"906f1f4f-38c1-4a58-95c7-c035096795ef","order":46,"text":"The Second Co-Owner contributed [Second co-owner's deposit contribution] towards the Deposit and costs of purchase.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"51bd84dc-0a1c-4418-b145-36f3bf096c3d","order":47,"text":"These contributions are recorded so that, on any sale or other realisation of the Property, each Co-Owner may (to the extent provided in the Article entitled "Distribution of Net Proceeds of Sale") first recover the amount of his or her initial contribution before the balance is divided.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9ff11fe1-8442-4ffe-b8bd-67ed1dbbb65e","order":48,"text":"6. THE MORTGAGE","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"12","cflou":false,"active":true,"marginTop":"18","sectionNum":"S06"},{"id":"65350523-51bc-4a1b-afd5-ad912be89b48","order":49,"text":"The Property is or will be subject to the Mortgage in favour of [Name of the mortgage lender], the original amount of which was [Original mortgage amount].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"6845c4ba-38c2-4117-874c-45ea030f2b30","order":50,"text":"The Co-Owners are jointly and severally liable to the mortgagee for the whole of the sums secured by the Mortgage. As between themselves, however, the Co-Owners agree that they shall be responsible for the mortgage instalments in the following proportions.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"86198b59-8d24-4c88-b40e-d8ab6883c563","order":51,"text":"The First Co-Owner shall bear [First co-owner's share of the mortgage, e.g. 50]% of the mortgage instalments.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"7c73f94d-0504-46c2-92a6-deb5f888e89f","order":52,"text":"The Second Co-Owner shall bear [Second co-owner's share of the mortgage, e.g. 50]% of the mortgage instalments.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"9b3a4148-f9ec-4df5-91b9-68f1029abbdd","order":53,"text":"If either Co-Owner pays more than his or her agreed proportion of any mortgage instalment or capital repayment, the amount of the excess shall be treated as a debt due from the other Co-Owner and shall be recoverable, together with interest at the rate of [Interest rate, e.g. 2% above the Bank of England base rate], out of that other Co-Owner's Beneficial Share on any sale or realisation of the Property, or earlier if the Co-Owners so agree in writing.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"57cacb48-a84f-4da9-a01f-42faa6979490","order":54,"text":"The Co-Owners shall each use reasonable endeavours to ensure that the Mortgage is paid on time and shall not do anything that would place the Property or the other Co-Owner in breach of the terms of the Mortgage. No further advance shall be drawn down or secured on the Property without the prior written agreement of both Co-Owners.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"6b91293d-d478-4ed1-a20e-61172fa5e497","order":55,"text":"7. OUTGOINGS AND EXPENSES","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"12","cflou":false,"active":true,"marginTop":"18","sectionNum":"S07"},{"id":"f6c790af-cec1-4df5-81cc-67bc3a19e56c","order":56,"text":"The Co-Owners shall be responsible for the Outgoings in the following proportions: the First Co-Owner as to [First co-owner's share of outgoings, e.g. 50]% and the Second Co-Owner as to [Second co-owner's share of outgoings, e.g. 50]%.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"c8fc3499-69f3-41ea-91c7-c02e4fa967f9","order":57,"text":"Each Co-Owner shall pay his or her proportion of the Outgoings promptly and shall keep the other indemnified against any failure to do so. Any Outgoings paid by one Co-Owner in excess of his or her proportion shall be reimbursed by the other on demand or, failing reimbursement, shall be recoverable out of that other Co-Owner's Beneficial Share on any sale of the Property.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"ecdb1527-dd56-4510-9e7f-acabe37d863b","order":58,"text":"The Co-Owners shall keep the Property insured for its full reinstatement value under a policy in their joint names (or as required by the mortgagee) and shall not do anything that might invalidate that insurance.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ed716b3e-abb2-46e1-8ede-d2e4d50c3ee2","order":59,"text":"8. OCCUPATION OF THE PROPERTY","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"12","cflou":false,"active":true,"marginTop":"18","sectionNum":"S08"},{"id":"17d230e3-33f8-45ee-9dc0-40038ec16678","order":60,"text":"Each Co-Owner is entitled to occupy the whole of the Property in common with the other, and neither shall exclude or attempt to exclude the other from occupation except by agreement in writing or by order of the court.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"b42d6471-47ba-4f32-9117-9a69a9d27df9","order":61,"text":"If, by agreement or by reason of the departure of one Co-Owner, one Co-Owner occupies the Property to the exclusion of the other, the Co-Owners may agree in writing that the occupying Co-Owner shall pay an Occupation Rent to the other. In the absence of such agreement, no Occupation Rent shall be payable save as the court may order under the Trusts of Land and Appointment of Trustees Act 1996 or as may be brought into account under the Article entitled "Equitable Accounting between the Co-Owners" (if included in this deed).","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"07c252bd-d523-49c5-a5fc-346a22f0d743","order":62,"text":"Neither Co-Owner shall grant any tenancy, licence or other right of occupation of the whole or any part of the Property to a third party without the prior written consent of the other, such consent not to be unreasonably withheld.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"7c58f5c6-b737-476a-986d-b53612e98304","order":63,"text":"9. EQUITABLE ACCOUNTING BETWEEN THE CO-OWNERS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"12","cflou":false,"active":true,"marginTop":"18","sectionNum":"S09","displayConditions":[{"field":"ebf58d49-174d-4a0f-97d5-3bb063ee024b","value":"yes","type":"add","operator":"="}]},{"id":"8fdee401-3442-4123-a7e1-44340d7a6d6a","order":64,"text":"The Co-Owners intend that, on any sale of the Property or on any buy-out of a Beneficial Share, an account shall be taken between them (an "Equitable Account") to give effect to their common intention as reflected in this deed. In taking that account, the following principles shall apply, save in so far as this deed otherwise provides.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"ebf58d49-174d-4a0f-97d5-3bb063ee024b","value":"yes","type":"add","operator":"="}]},{"id":"cd2611de-f8e3-490d-9d28-eafdb749f402","order":65,"text":"A Co-Owner who has paid more than his or her due proportion of the mortgage instalments, the Outgoings, the premiums of insurance, or the cost of Repairs shall be credited with the excess, and the other Co-Owner shall be debited with the corresponding amount, together with interest at the rate provided in the Article entitled "The Mortgage" where the excess relates to the Mortgage.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"ebf58d49-174d-4a0f-97d5-3bb063ee024b","value":"yes","type":"add","operator":"="}]},{"id":"33e24ba6-ffad-4f3b-832b-0324b95ca94f","order":66,"text":"Where one Co-Owner has occupied the Property to the exclusion of the other in the circumstances described in the Article entitled "Occupation of the Property", the occupying Co-Owner may be charged with an Occupation Rent, which shall so far as practicable be set off against any credit due to that Co-Owner in respect of mortgage instalments or Outgoings paid by him or her during the period of sole occupation.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"ebf58d49-174d-4a0f-97d5-3bb063ee024b","value":"yes","type":"add","operator":"="}]},{"id":"bf15b8f2-f76b-401d-a533-190114794c79","order":67,"text":"No account shall be taken of any payment made by a Co-Owner voluntarily and without the agreement of the other in respect of Capital Works, except as provided in the Article entitled "Improvements and Capital Works" (if included in this deed). The Co-Owners acknowledge that this Article records their agreement as to the basis on which equitable accounting is to be conducted, and is intended to reflect and give effect to the approach in Stack v Dowden and Jones v Kernott.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"ebf58d49-174d-4a0f-97d5-3bb063ee024b","value":"yes","type":"add","operator":"="}]},{"id":"987c90cc-3c9d-4c82-b6e4-e78fe4702286","order":68,"text":"10. IMPROVEMENTS AND CAPITAL WORKS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"12","cflou":false,"active":true,"marginTop":"18","sectionNum":"S10","displayConditions":[{"field":"28aa23c6-4d63-4955-9f9a-060d76847ba6","value":"yes","type":"add","operator":"="}]},{"id":"822910fc-ba4c-4812-85cf-83c8112d174e","order":69,"text":"If a Co-Owner, with the prior written agreement of the other, pays for improvements or capital works to the Property that increase its capital value (as distinct from routine repairs and maintenance), the Co-Owner who paid for them shall be credited on any sale of the Property with the lesser of (i) the amount actually expended and (ii) the increase in the value of the Property attributable to those works, before the Net Proceeds of Sale are divided in accordance with the Beneficial Shares.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"28aa23c6-4d63-4955-9f9a-060d76847ba6","value":"yes","type":"add","operator":"="}]},{"id":"ae020847-be66-4724-a497-1c8845e70f79","order":70,"text":"No Co-Owner shall be entitled to any credit or adjustment in respect of works carried out without the prior written agreement of the other, save to the extent that the other has expressly agreed in writing or the court otherwise orders.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"28aa23c6-4d63-4955-9f9a-060d76847ba6","value":"yes","type":"add","operator":"="}]},{"id":"e1469916-8164-4657-becf-65fffb4964f7","order":71,"text":"11. SALE OF THE PROPERTY","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"12","cflou":false,"active":true,"marginTop":"18","sectionNum":"S11"},{"id":"c4cb4375-0b6f-4129-8c4a-ebfcc5c692fe","order":72,"text":"The Property shall be sold if both Co-Owners agree in writing to sell it, or if a Co-Owner is entitled to require a sale under this deed or under the Trusts of Land and Appointment of Trustees Act 1996.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"f3a9dd84-33b0-4443-a4ec-cd536d14f6df","order":73,"text":"Either Co-Owner may at any time serve written notice on the other requiring the Property to be sold. Following such notice the Co-Owners shall use reasonable endeavours to agree the identity of the selling agent, the asking price and the terms of sale. If they cannot agree within [Number of days to agree terms of sale, e.g. 28] days, the matter shall be dealt with under the Article entitled "Dispute Resolution".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"b2782551-3a05-45e9-8d9e-09254602a9be","order":74,"text":"Each Co-Owner shall do all things reasonably necessary to give effect to a sale of the Property in accordance with this deed, including executing the transfer and any other document required to complete the sale, and shall not obstruct or delay a sale to which he or she is bound.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"75bd06ff-95f3-4b10-91c9-93a64e652a93","order":75,"text":"12. APPLICATIONS TO THE COURT UNDER TOLATA 1996","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"12","cflou":false,"active":true,"marginTop":"18","sectionNum":"S12","displayConditions":[{"field":"bf963574-9900-49a6-9862-8c2530ec314e","value":"yes","type":"add","operator":"="}]},{"id":"f8b87f2b-668a-42ba-801b-f26fe2feb9a2","order":76,"text":"Either Co-Owner may apply to the court under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 for an order relating to the exercise of the functions of the trustees, including an order for the sale of the Property. The Co-Owners agree that any such application shall be a last resort, to be made only after the procedures in the Articles entitled "Sale of the Property" and "Dispute Resolution" have been followed so far as practicable.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"bf963574-9900-49a6-9862-8c2530ec314e","value":"yes","type":"add","operator":"="}]},{"id":"f4cfc8e2-b888-4aff-aabf-67cf95293f6f","order":77,"text":"The Co-Owners acknowledge that, on any such application, the court will have regard to the matters set out in section 15 of that Act, including the intentions of the persons who created the trust, the purposes for which the Property is held, the welfare of any minor who occupies or might reasonably be expected to occupy the Property as his or her home, and the interests of any secured creditor of a Co-Owner. The Co-Owners record that a principal purpose for which the Property is held is to provide a home for the Co-Owners and any child of theirs for so long as they wish, which purpose the court is invited to take into account.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"bf963574-9900-49a6-9862-8c2530ec314e","value":"yes","type":"add","operator":"="}]},{"id":"ea4e3bb2-e084-4e5d-bc89-97ac10a88970","order":78,"text":"Nothing in this Article excludes or limits the jurisdiction of the court, and this Article is intended to record the Co-Owners' common intention as to the purposes of the trust for the assistance of the court under section 15.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"bf963574-9900-49a6-9862-8c2530ec314e","value":"yes","type":"add","operator":"="}]},{"id":"f032105f-095a-4ed9-97e2-d0b1e290e584","order":79,"text":"13. RIGHT OF PRE-EMPTION (FIRST REFUSAL)","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"12","cflou":false,"active":true,"marginTop":"18","sectionNum":"S13","displayConditions":[{"field":"dfcf82b2-2074-4fa1-b600-a9d8b6bba1f9","value":"yes","type":"add","operator":"="}]},{"id":"2ee502e3-981e-4e41-a3ad-0f35a89d00c3","order":80,"text":"Before the Property is offered for sale on the open market, and before a Co-Owner disposes of his or her Beneficial Share to a third party, that Co-Owner (the "Selling Co-Owner") shall first offer his or her Beneficial Share in writing to the other Co-Owner (the "Remaining Co-Owner").","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"dfcf82b2-2074-4fa1-b600-a9d8b6bba1f9","value":"yes","type":"add","operator":"="}]},{"id":"fef141be-0b9b-4d40-a1ad-b831b094bb93","order":81,"text":"The offer shall be at a price equal to the open market value of the Selling Co-Owner's Beneficial Share as agreed between the Co-Owners or, failing agreement, as determined by an independent valuer appointed under the Article entitled "Dispute Resolution". The Remaining Co-Owner shall have [Number of days to accept the offer, e.g. 28] days from receipt of the offer (or, if later, from determination of the price) within which to accept it in writing.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"dfcf82b2-2074-4fa1-b600-a9d8b6bba1f9","value":"yes","type":"add","operator":"="}]},{"id":"e8595685-30cc-4d05-ba96-4044f94125b1","order":82,"text":"If the Remaining Co-Owner accepts the offer, completion of the purchase of the Selling Co-Owner's Beneficial Share shall take place within a reasonable period thereafter. If the Remaining Co-Owner does not accept the offer within the period allowed, the Selling Co-Owner shall be free to require a sale of the Property or to dispose of his or her Beneficial Share to a third party at a price not less than that offered to the Remaining Co-Owner.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"dfcf82b2-2074-4fa1-b600-a9d8b6bba1f9","value":"yes","type":"add","operator":"="}]},{"id":"e19fec59-e4d0-414c-97cf-637c357f41a7","order":83,"text":"14. DEALINGS WITH A BENEFICIAL SHARE","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"12","cflou":false,"active":true,"marginTop":"18","sectionNum":"S14","displayConditions":[{"field":"059c6293-27ed-4a20-8144-0af1f3bf8792","value":"yes","type":"add","operator":"="}]},{"id":"64aca7cc-08a9-4968-a910-0dd751f7d3dd","order":84,"text":"A Co-Owner may assign, charge, declare a trust of or otherwise dispose of the whole (but not part only) of his or her Beneficial Share, subject to first complying with the Article entitled "Right of Pre-Emption (First Refusal)" where that Article is included in this deed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"059c6293-27ed-4a20-8144-0af1f3bf8792","value":"yes","type":"add","operator":"="}]},{"id":"8b857727-5ab7-4da2-80e2-ba006813f797","order":85,"text":"Any assignment or other disposition of a Beneficial Share shall be in writing and shall comply with section 53(1)(c) of the Law of Property Act 1925. The assignee or other person taking the Beneficial Share shall covenant with the other Co-Owner to observe and perform the terms of this deed, and shall be bound by this deed as if an original party to it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"059c6293-27ed-4a20-8144-0af1f3bf8792","value":"yes","type":"add","operator":"="}]},{"id":"e5d39bb9-18f5-425e-9b0b-84daabd42b14","order":86,"text":"No such dealing shall release the disposing Co-Owner from any liability accrued under this deed before the date of the dealing, nor shall it affect the legal estate, which shall continue to be held on the trusts declared by this deed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"059c6293-27ed-4a20-8144-0af1f3bf8792","value":"yes","type":"add","operator":"="}]},{"id":"1476a604-9626-43ef-b2ec-83e7d91642c5","order":87,"text":"15. DISTRIBUTION OF NET PROCEEDS OF SALE","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"12","cflou":false,"active":true,"marginTop":"18","sectionNum":"S15"},{"id":"07e0d616-8726-4307-b24b-4d7267cfaf7b","order":88,"text":"On completion of any sale of the Property, the Net Proceeds of Sale shall be applied and distributed in the following order of priority:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"f30f1edb-be86-480a-980f-ff93949293c5","order":89,"text":"(a) first, in discharging any costs or liabilities relating to the sale not already deducted in arriving at the Net Proceeds of Sale;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"7a769b0a-4d60-4ac7-b8f2-5f2bdee9f872","order":90,"text":"(b) second, in repaying to each Co-Owner any sums due to that Co-Owner under this deed in respect of overpaid mortgage instalments, overpaid Outgoings, or agreed improvements, together with any interest properly payable;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"ca037933-caab-4139-8680-627a671c77fa","order":91,"text":"(c) third, in returning to each Co-Owner the amount of his or her initial contribution recorded in the Article entitled "Initial Contributions", and if the balance then remaining is insufficient to return those contributions in full, that balance shall be divided between the Co-Owners in proportion to their respective initial contributions; and","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"9e446570-9b61-4b97-b580-5bf3b9b2c7e4","order":92,"text":"(d) fourth, in paying the balance (if any) then remaining to the Co-Owners in the proportions of their respective Beneficial Shares.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"e027b7ca-4b53-421b-a6a3-1fb179c84201","order":93,"text":"The Co-Owners may by written agreement direct that the Net Proceeds of Sale be distributed solely in the proportions of their Beneficial Shares, in which case paragraphs (b) and (c) above shall not apply.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9b3dd0ae-3ac0-4039-a9d2-111ffbf350f8","order":94,"text":"16. TENANCY IN COMMON, SEVERANCE AND SURVIVORSHIP","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"12","cflou":false,"active":true,"marginTop":"18","sectionNum":"S16"},{"id":"0437603e-b6c2-4f73-9089-331654b808d9","order":95,"text":"The Co-Owners hold the beneficial interest in the Property as tenants in common and not as joint tenants. Accordingly, on the death of a Co-Owner his or her Beneficial Share shall not pass to the survivor by survivorship but shall devolve as part of the deceased Co-Owner's estate.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"8daf7106-092f-474c-a59d-d8059eb3f4c8","order":96,"text":"The Co-Owners shall procure that a restriction in Form A (or such other restriction as HM Land Registry may require to protect a tenancy in common) is entered on the register of title to the Property, so that no disposition by a sole proprietor of the land (not being a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"12687dd6-6817-4a06-bcc4-aadb154e1ad1","order":97,"text":"17. DEATH OF A CO-OWNER","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"12","cflou":false,"active":true,"marginTop":"18","sectionNum":"S17"},{"id":"4a5fe5f2-ff0d-477f-88ec-de7d797b812e","order":98,"text":"On the death of a Co-Owner, the surviving Co-Owner and the personal representatives of the deceased Co-Owner shall hold the legal estate in the Property on the trusts declared by this deed, and the deceased Co-Owner's Beneficial Share shall form part of his or her estate and pass in accordance with his or her will or the rules on intestacy.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"86fcde7a-903b-4dc5-9ad8-08a6641bf9fd","order":99,"text":"The surviving Co-Owner and the personal representatives of the deceased Co-Owner shall each act reasonably in relation to any subsequent sale, transfer or retention of the Property, and this deed shall bind the personal representatives and successors in title of each Co-Owner.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"084b0e86-9a04-4264-b43f-f8b12fbd3b51","order":100,"text":"18. INSOLVENCY, BANKRUPTCY AND CHARGING ORDERS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"12","cflou":false,"active":true,"marginTop":"18","sectionNum":"S18","displayConditions":[{"field":"23066bdf-efb5-4c20-8eb3-43fac6887908","value":"yes","type":"add","operator":"="}]},{"id":"3d462dd8-11b8-41a7-b392-313112a128cb","order":101,"text":"If a Co-Owner (the "Insolvent Co-Owner") is made bankrupt, enters into an individual voluntary arrangement, or has a charging order made against his or her Beneficial Share, only the Beneficial Share of the Insolvent Co-Owner shall be available to his or her trustee in bankruptcy, supervisor or judgment creditor, and the Beneficial Share of the other Co-Owner shall not be affected.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"23066bdf-efb5-4c20-8eb3-43fac6887908","value":"yes","type":"add","operator":"="}]},{"id":"104d7b69-e2df-4d6e-952f-edb3c76dff02","order":102,"text":"The Co-Owners acknowledge that a trustee in bankruptcy of a Co-Owner, or a creditor with a charging order over a Beneficial Share, may apply to the court under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 or section 335A of the Insolvency Act 1986 for an order for sale, and that the amount realised for the Insolvent Co-Owner's Beneficial Share shall be calculated in accordance with this deed after taking any Equitable Account provided for in it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"23066bdf-efb5-4c20-8eb3-43fac6887908","value":"yes","type":"add","operator":"="}]},{"id":"24641bd0-53fb-47c1-9ad3-036bf770b69e","order":103,"text":"The other Co-Owner shall have the right, but not the obligation, to purchase the Beneficial Share of the Insolvent Co-Owner at its open market value (as determined under the Article entitled "Dispute Resolution") in priority to any sale to a third party, so far as the law and any order of the court permit.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"23066bdf-efb5-4c20-8eb3-43fac6887908","value":"yes","type":"add","operator":"="}]},{"id":"818c2111-9f62-4a33-a740-97de57e6f5ef","order":104,"text":"19. RELATIONSHIP BREAKDOWN AND SEPARATION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"12","cflou":false,"active":true,"marginTop":"18","sectionNum":"S19","displayConditions":[{"field":"2d88b5d7-f0f6-4eb8-89e2-4a6c3d68dcd2","value":"yes","type":"add","operator":"="}]},{"id":"9ea9dd94-20e7-4496-8fed-d23ee04b8b79","order":105,"text":"The Co-Owners acknowledge that they occupy the Property together and that their relationship may come to an end. If the Co-Owners cease to live together as a couple, either may serve written notice on the other requiring the Property to be sold or requiring the other to purchase his or her Beneficial Share.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"2d88b5d7-f0f6-4eb8-89e2-4a6c3d68dcd2","value":"yes","type":"add","operator":"="}]},{"id":"3db27c1b-69f4-4bb7-abcc-00b10bf50942","order":106,"text":"Following such notice, the Co-Owners shall first seek to agree whether one of them will buy out the other's Beneficial Share at open market value and, failing agreement within a reasonable period, the Property shall be sold and the Net Proceeds of Sale distributed in accordance with this deed. Nothing in this deed affects any right either Co-Owner may have under the general law, including under the Trusts of Land and Appointment of Trustees Act 1996 or, where applicable, the Children Act 1989.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"2d88b5d7-f0f6-4eb8-89e2-4a6c3d68dcd2","value":"yes","type":"add","operator":"="}]},{"id":"29c7bdcc-c451-4468-8b1e-1ced53e5dc12","order":107,"text":"This deed records the Co-Owners' intentions as to their beneficial interests in the Property and is not a nuptial or civil-partnership agreement; each Co-Owner has been advised to consider taking independent legal advice as to its effect.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"2d88b5d7-f0f6-4eb8-89e2-4a6c3d68dcd2","value":"yes","type":"add","operator":"="}]},{"id":"dc46a0f3-d5fb-4b48-a8ff-2305c78acfa9","order":108,"text":"20. CAPACITY AND INDEPENDENT LEGAL ADVICE","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"12","cflou":false,"active":true,"marginTop":"18","sectionNum":"S20","displayConditions":[{"field":"3f7d07d7-cb56-41a7-b95d-0cc2850ef1c4","value":"yes","type":"add","operator":"="}]},{"id":"abc65a1f-2ded-4859-bb37-84cf18df969c","order":109,"text":"Each Co-Owner represents and warrants to the other that he or she has the mental capacity to enter into this deed, is entering into it freely and voluntarily, and is not acting under any duress or undue influence of the other Co-Owner or of any other person.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"3f7d07d7-cb56-41a7-b95d-0cc2850ef1c4","value":"yes","type":"add","operator":"="}]},{"id":"d53a92a7-8c70-4fba-9185-c4035b3875d9","order":110,"text":"Each Co-Owner acknowledges that he or she has been advised to obtain, and has had the opportunity to obtain, independent legal advice as to the meaning and effect of this deed before signing it, and enters into this deed with full knowledge of its contents and effect.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"3f7d07d7-cb56-41a7-b95d-0cc2850ef1c4","value":"yes","type":"add","operator":"="}]},{"id":"8151bf7e-8610-4bb6-a410-2735e564429c","order":111,"text":"Each Co-Owner further acknowledges that the amounts recorded in this deed as their respective contributions and Beneficial Shares reflect their genuine agreement, and that neither has relied on any representation of the other not expressly set out in this deed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"3f7d07d7-cb56-41a7-b95d-0cc2850ef1c4","value":"yes","type":"add","operator":"="}]},{"id":"3985b244-378e-4220-aeec-79eed8beee3e","order":112,"text":"21. DISPUTE RESOLUTION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"12","cflou":false,"active":true,"marginTop":"18","sectionNum":"S21"},{"id":"6853a5d3-2ef8-457b-9372-5aaf3a55e578","order":113,"text":"If any dispute arises between the Co-Owners in connection with this deed or the Property, the Co-Owners shall first attempt in good faith to resolve it by discussion between them.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"9649643c-9f1b-43f6-9431-419a7cba2b5d","order":114,"text":"If the dispute is not resolved within a reasonable period, the Co-Owners shall attempt to resolve it through mediation conducted by a mediator agreed between them or, in default of agreement, nominated by the Centre for Effective Dispute Resolution (CEDR) or a similar body. The costs of mediation shall be shared equally unless the mediator directs otherwise.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"3d07e0a7-637c-4203-b025-3b91ee994723","order":115,"text":"Where this deed provides for a matter (such as the value of a Beneficial Share) to be determined by an independent valuer or expert, that person shall be a chartered surveyor who is a member of the Royal Institution of Chartered Surveyors, agreed between the Co-Owners or, in default, appointed on the application of either Co-Owner by the President for the time being of that Institution. The expert shall act as an expert and not as an arbitrator and his or her determination shall, in the absence of manifest error, be final and binding.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"f3a4c941-81fa-4682-ae2e-4e923b99c7d3","order":116,"text":"Nothing in this Article prevents either Co-Owner from applying to the court for an order under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 or for any interim or injunctive relief.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9e397e95-3307-4938-8dac-fbf2a570fb45","order":117,"text":"22. NOTICES","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"12","cflou":false,"active":true,"marginTop":"18","sectionNum":"S22"},{"id":"762a2013-f01a-4586-b02f-7d0bd32fa4f2","order":118,"text":"Any notice given under this deed shall be in writing and shall be delivered by hand or sent by first-class post or by email to the Co-Owner to be served at the address of the Property or at such other postal or email address as that Co-Owner may have notified to the other for this purpose.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"c1ba81fe-f3e8-4ba6-8c34-01f337bf62f1","order":119,"text":"A notice is deemed to have been received: if delivered by hand, at the time of delivery; if sent by first-class post, at 9.00 am on the second business day after posting; and if sent by email, at the time of transmission, provided that no delivery failure notification is received.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"307781bf-ef6a-40e9-88c9-8bc2580e7a93","order":120,"text":"23. GENERAL","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"12","cflou":false,"active":true,"marginTop":"18","sectionNum":"S23"},{"id":"1a28e47d-a38a-40b0-995d-3397b957584f","order":121,"text":"No variation of this deed shall be effective unless it is in writing and signed by both Co-Owners (or their duly authorised representatives).","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"07ec64e9-3877-49d9-8c32-8ea453e0118d","order":122,"text":"This deed constitutes the entire agreement between the Co-Owners as to the beneficial ownership of the Property and supersedes any prior arrangement, understanding or agreement between them relating to it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"cf4a2f5f-be2a-48fd-a216-3a93f3e8a564","order":123,"text":"No failure or delay by a Co-Owner in exercising any right under this deed shall operate as a waiver of that right, nor shall any single or partial exercise of it preclude any further exercise.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"b8159187-8581-423a-be76-8a83ee4c1833","order":124,"text":"If any provision of this deed is or becomes invalid, illegal or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid, or if that is not possible it shall be severed, and the remaining provisions shall continue in full force and effect.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"22463f58-fc9c-486c-80f3-e1c520279539","order":125,"text":"This deed may be executed in any number of counterparts, each of which when executed and delivered shall constitute an original, and all the counterparts together shall constitute one and the same instrument.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"1ab3a724-e71c-44de-9ed4-a0b2d33b53d9","order":126,"text":"Except as expressly provided, a person who is not a party to this deed has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"0a69ca32-9aeb-4496-bff8-d4e4b55d09d3","order":127,"text":"Each Co-Owner acknowledges that he or she has been advised to obtain independent legal advice as to the meaning and effect of this deed before signing it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"c28e696f-98bd-45d3-9fd2-66f7571d983f","order":128,"text":"24. GOVERNING LAW AND JURISDICTION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"12","cflou":false,"active":true,"marginTop":"18","sectionNum":"S24"},{"id":"a0a63058-c6cb-491e-8be8-87bf3114cc9d","order":129,"text":"This deed and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"19c2a02a-91ea-4e32-8c59-ce05aa240c96","order":130,"text":"The Co-Owners irrevocably submit to the exclusive jurisdiction of the courts of England and Wales in relation to any such dispute or claim, subject to the Article entitled "Dispute Resolution".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"d542b048-8d8b-4676-9789-863c1473e734","order":131,"text":"EXECUTION","fontSize":"15","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"552422c3-49df-4db9-88b3-9857c73824fd","order":132,"text":"IN WITNESS of which this deed has been duly executed by the Co-Owners and is delivered on the date written at the beginning of this deed. Each Co-Owner intends this document to take effect as a deed and to be delivered on signature.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"18","cflou":false,"active":true},{"id":"d43588db-bb6e-439d-95aa-670126a9cd59","order":133,"text":"Signed as a deed and delivered by [Full name of the first co-owner] in the presence of the witness named below:","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"14","cflou":false,"active":true},{"id":"e7ea8539-cc75-44f2-8ab0-86a95835947f","order":134,"text":"Signature: ______________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"8f87c5f0-af84-4ca5-abe9-9653759f433a","order":135,"text":"Date: ______________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"14","cflou":false,"active":true},{"id":"33ce058f-6001-40d4-b3a7-d0671852b670","order":136,"text":"Witness signature: ______________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"265b3f08-1cc7-45b3-b96d-8714589efa16","order":137,"text":"Witness name: ______________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"f242e0d6-92d5-4078-b7ae-55ccb7934ce0","order":138,"text":"Witness address: ______________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"20b53502-890f-4b83-bbfe-6a85bd0c580c","order":139,"text":"Witness occupation: ______________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"24","cflou":false,"active":true},{"id":"0270c087-2ec3-469f-930b-c4526db78699","order":140,"text":"Signed as a deed and delivered by [Full name of the second co-owner] in the presence of the witness named below:","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"14","cflou":false,"active":true},{"id":"1625d58d-ca29-4bb9-84b9-26d34fb42a68","order":141,"text":"Signature: ______________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"43b19a4e-16a0-4ec3-aa77-a98ee2da9233","order":142,"text":"Date: ______________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"14","cflou":false,"active":true},{"id":"5e236fb0-f2e4-45de-ba60-832573b4ac9f","order":143,"text":"Witness signature: ______________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"1cc598ee-cb4b-4edd-923c-d1a075fb2cbb","order":144,"text":"Witness name: ______________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"6377d17f-7e61-4973-9461-f27296b96965","order":145,"text":"Witness address: ______________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"3e5bcddb-e74f-4d7d-a719-9eee9ee0c65e","order":146,"text":"Witness occupation: ______________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true}]