Structure for analysing co-ownership situations:
1) How is the legal estate in the property held at the start?
2) How are the equitable interests in the property held at the start?
To answer this you need to look at the following:
● Are the four unities present?
● If so, is there an express statement as to how the equitable interest is held?
● If not, are there any words of severance and/or could there be the presumption of a
Tenancy in common
1) How is the legal estate in the property held at the start?
2) How are the equitable interests in the property held at the start?
To answer this you need to look at the following:
● Are the four unities present?
● If so, is there an express statement as to how the equitable interest is held?
● If not, are there any words of severance and/or could there be the presumption of a
Tenancy in common
