Co-ownership

Question 1

Arises

Answer 1

Where 2/ more persons- have— simultaneous entitlement — to a piece of land

Question 2

Types- 2

Answer 2

1) joint tenancy

2) tenancy in common

Question 3

Joint tenancy

Answer 3

Each Co owner — form as part of a single unit

When one Coowner dies—- survivorship applies

Question 4

Joint tenancy :

Answer 4

Coownership- legal title held by 2 or more persons and each of 4 unities present

Unity of possession, time , title, interest

Governed by LrCA 2009

Question 5

Severance

Answer 5

Occurs where one of more or 4 unities - destroyed

Tenancy in common results

3 ways in law:
1) alienation by joint tenant
2) acquisition of another interest
3) act of 3rd party - exercising statutory powers

In equity:
1) giving effect to mutual intention
2) joint tenant acting upon his own share

Question 6

Aliénation by joint tenant

Answer 6

Unilateral action by one co owning party- through conveyance or alienation of 3rd party—- creates severance and destroys existence of joint tenancy

This alienation - creates tenancy in common

Non alienating owner: continues to have joint tenancy relationship

Section 30: statees- before alienation can occur- prior written consent of all other joint tenants must be acquired

Section 31: allows for dispensing with consent to severance— where consent is unreasonably withheld ….

Question 7

Recent authority on severance of JT

Answer 7

ADM MERSEY PLC V BERGIN

Central message ;

A joint tenancy may be SEVERED DESPITE the registration of a judgment mortgage against one of the joint tenants prior to such a severance.

The EEFECT of this is to allow the joint tenant, who does not have a judgment mortgage registered against his / her interests in a property, intentionally move his / her interests out of reach of the judgment mortgage creditor

Facts :
Father and son- joint tenants- father obtained registered judgement against sons interest in land

Changed will and left his interest to grandchildren

Father and son severed joint tenancy and held interest in land as- tenants in common (50:50)

Intention - to keep land beyond reach of sons creditors

Question 8

Terminating cocownership interest

Answer 8

1) Partition or sale :

Dividing property - between coowners— by breaking unity of possession

Clarke v Bodkin
— coowners- voluntarily terminate relationship which would be done y fee deed

2) termination through union in a sole owner
(Section 30 of 2009 act )
—-Consent of other joint tenants - may release interest to another