Co-Ownership of Land
*-Two forms of co-ownership exist:
1) Joint Tenancy
2) Tenancy in Common
1)Joint Tenancy
*-Where there is more than one owner of a legal estate, the legal estate must be:
a) Held by the legal owners as joint tenants.
b) Held by them on a trust of land.
*-A joint tenancy indicated that the co-owners are holding the property concurrently.
--That is, the co-owners are treated as a unit, whereby each co-owner is entitled to the whole
of the property.
Exmple: A+B= one unit
-Two distinguishing features of a joint tenancy:
a) Right of Survivorship
b) Four Unities
a)Right of Survivorship
*-On the death of a joint tenant his interest does not pass under the law of succession, rather,
it passes to the surviving joint tenant.
*-Survivorship Rule: The fee simple in joint tenancy, when one dies, their interest does not
go to whom they left their possession in the will. Rather, it goes to the remaining joint
tenants. (i.e. A,B,C C dies C’s interest goes to the remaining joint tenants (A, B))
b)The ‘Four Unities’
*-Whenever there is a joint tenancy, it is necessarily follows that ‘the four unities’ exist
between the co-owners:
1) Unity of Possession: All must be equally entitled to possession of the whole land.
That is, unity possession occurs if two or more people have concurrent rights to enjoy
the whole or piece of land.
2) Unity of Interest: Each co-owner must have absolutely identical rights over the land
in question. That is, their interest in the land is the same.
i) Each co-owner must have the same estate (i.e. both have ten year leases).
ii) Each co-owner must have equal rights to enjoy the land.
3) Unity of Title: Each joint tenant must have acquired his/her interest from the same
document.
-If co-owners have acquired rights under different documents then they are
necessarily tenant in common not joint tenants.
4) Unity of Time: For there to be a joint tenancy, the rights of each joint tenant must
‘vest in interest’ at the same time. That is, the rights of each joint tenant must
commence at the same time.
*-Two forms of co-ownership exist:
1) Joint Tenancy
2) Tenancy in Common
1)Joint Tenancy
*-Where there is more than one owner of a legal estate, the legal estate must be:
a) Held by the legal owners as joint tenants.
b) Held by them on a trust of land.
*-A joint tenancy indicated that the co-owners are holding the property concurrently.
--That is, the co-owners are treated as a unit, whereby each co-owner is entitled to the whole
of the property.
Exmple: A+B= one unit
-Two distinguishing features of a joint tenancy:
a) Right of Survivorship
b) Four Unities
a)Right of Survivorship
*-On the death of a joint tenant his interest does not pass under the law of succession, rather,
it passes to the surviving joint tenant.
*-Survivorship Rule: The fee simple in joint tenancy, when one dies, their interest does not
go to whom they left their possession in the will. Rather, it goes to the remaining joint
tenants. (i.e. A,B,C C dies C’s interest goes to the remaining joint tenants (A, B))
b)The ‘Four Unities’
*-Whenever there is a joint tenancy, it is necessarily follows that ‘the four unities’ exist
between the co-owners:
1) Unity of Possession: All must be equally entitled to possession of the whole land.
That is, unity possession occurs if two or more people have concurrent rights to enjoy
the whole or piece of land.
2) Unity of Interest: Each co-owner must have absolutely identical rights over the land
in question. That is, their interest in the land is the same.
i) Each co-owner must have the same estate (i.e. both have ten year leases).
ii) Each co-owner must have equal rights to enjoy the land.
3) Unity of Title: Each joint tenant must have acquired his/her interest from the same
document.
-If co-owners have acquired rights under different documents then they are
necessarily tenant in common not joint tenants.
4) Unity of Time: For there to be a joint tenancy, the rights of each joint tenant must
‘vest in interest’ at the same time. That is, the rights of each joint tenant must
commence at the same time.
