LAND LAW-CHAPTER V-NOTES
Co-Ownership NOTES
INTRODUCTION:
This chapter deals with the situation that arises where two or more
persons are entitled to the simultaneous enjoyment of land. Such
situations arise in our daily occur frequently in our everyday life (e.g.
when a married couple purchase a matrimonial home or when a person
dies leaving house to their children). Whenever land is co-owned, it is
held via a trust.
Where a property is owned absolutely the owners legal title includes the
beneficial ownership and comprises the rights both to enjoy it and
control the property. There is simply one absolute title that gives the
owners the rights one normally identifies with ownership. In contrast,
under a trust, ownership is divided between the trustee (in whom the
legal title is vested) and the beneficiary (who holds a separate equitable
interest).
Co-ownership arises whenever two or more people are simultaneously
entitled in possession to an interest in the same land. The only two
forms of co-ownership that can exist in English private law are joint
tenancy and tenancy in common.
Joint tenancy:
- Joint tenants collectively own the whole of the land and do not
have individual interests.
- No distinct shares but simultaneously enjoyed by all.
- No single co-owner can claim any greater right over any part of
another.
, LAND LAW-CHAPTER V-NOTES
An important question arises that what happens when one of the joint
tenants dies?
When one dies then his interest automatically accrues to the remaining
joint tenants. Dead joint tenant drops out of the tenancy and the
remainder ones continue to enjoy their rights. There can be no formal
conveyance. No interest can be passed through will. The right of
survivorship takes precedence as illustrated through “Dunbar v Plant”.
This means that on the death of a joint tenant , his/her interest in land
passes to the other joint tenants and this process continues until there is
one surviving joint tenant, who then holds the land as a sole owner.
For joint tenancy to exist there is a requirement that all four unities must
be present as shown through “Ag securities v Vaughn” – unity of title,
unity of time, unity of interest and unity of possession.
Unity of possession: each co-owner is as much entitled to possession of
the land as any other co-owner.
Unity of interest: all joint tenants must have the same interest in the
land. Property has to be of same nature, extent and duration.
Unity of title: all co-owners should derive their interests from the same
document or act. However an exception lies in the case of “Antoniades
v Villiers” where there can joint tenancy even if different documents are
signed.
Unity of time: all interest must be vested at the same time.
Co-Ownership NOTES
INTRODUCTION:
This chapter deals with the situation that arises where two or more
persons are entitled to the simultaneous enjoyment of land. Such
situations arise in our daily occur frequently in our everyday life (e.g.
when a married couple purchase a matrimonial home or when a person
dies leaving house to their children). Whenever land is co-owned, it is
held via a trust.
Where a property is owned absolutely the owners legal title includes the
beneficial ownership and comprises the rights both to enjoy it and
control the property. There is simply one absolute title that gives the
owners the rights one normally identifies with ownership. In contrast,
under a trust, ownership is divided between the trustee (in whom the
legal title is vested) and the beneficiary (who holds a separate equitable
interest).
Co-ownership arises whenever two or more people are simultaneously
entitled in possession to an interest in the same land. The only two
forms of co-ownership that can exist in English private law are joint
tenancy and tenancy in common.
Joint tenancy:
- Joint tenants collectively own the whole of the land and do not
have individual interests.
- No distinct shares but simultaneously enjoyed by all.
- No single co-owner can claim any greater right over any part of
another.
, LAND LAW-CHAPTER V-NOTES
An important question arises that what happens when one of the joint
tenants dies?
When one dies then his interest automatically accrues to the remaining
joint tenants. Dead joint tenant drops out of the tenancy and the
remainder ones continue to enjoy their rights. There can be no formal
conveyance. No interest can be passed through will. The right of
survivorship takes precedence as illustrated through “Dunbar v Plant”.
This means that on the death of a joint tenant , his/her interest in land
passes to the other joint tenants and this process continues until there is
one surviving joint tenant, who then holds the land as a sole owner.
For joint tenancy to exist there is a requirement that all four unities must
be present as shown through “Ag securities v Vaughn” – unity of title,
unity of time, unity of interest and unity of possession.
Unity of possession: each co-owner is as much entitled to possession of
the land as any other co-owner.
Unity of interest: all joint tenants must have the same interest in the
land. Property has to be of same nature, extent and duration.
Unity of title: all co-owners should derive their interests from the same
document or act. However an exception lies in the case of “Antoniades
v Villiers” where there can joint tenancy even if different documents are
signed.
Unity of time: all interest must be vested at the same time.
