Co-Ownership Flashcards
What is co-ownership in land law?
Co-ownership occurs when multiple people have proprietary interests in the same land at the same time. The two main types are Joint Tenancy and Tenancy in Common.
What is the key difference between Joint Tenancy and Tenancy in Common?
Joint Tenancy includes the Right of Survivorship, meaning a deceased tenant’s share automatically passes to surviving joint tenants. Tenancy in Common does not have this right; each tenant’s share passes via will or intestacy.
What are the four unities required for a Joint Tenancy?
Unity of Possession – Each tenant has the right to possess the whole property.
Unity of Interest – All tenants hold the same type and duration of interest.
Unity of Title – The interest must derive from the same document or transaction.
Unity of Time – The interests must vest at the same time.
What does the Right of Survivorship mean in Joint Tenancy?
When a joint tenant dies, their share automatically passes to the surviving joint tenants, rather than to their heirs.
Name three ways to sever a Joint Tenancy at common law.
Alienation – A joint tenant sells or transfers their interest.
Acquisition of another interest – If a tenant gains a new interest in the land, the unity of interest is broken.
Statutory Powers – E.g., a bankruptcy order or judgment mortgage can sever a joint tenancy.
What are three ways to sever a Joint Tenancy in equity?
Mutual Agreement – All co-owners agree to sever the joint tenancy.
Course of Dealing – Conduct indicating they regard themselves as tenants in common.
Homicide – A joint tenant who unlawfully kills another cannot benefit from survivorship.
How does the law handle simultaneous death of joint tenants?
Section 68 of the Civil Law (Miscellaneous Provisions) Act 2008 converts the Joint Tenancy into a Tenancy in Common, ensuring each tenant’s share passes to their estate.
How does common law vs. equity treat the creation of co-ownership?
Common law presumes a Joint Tenancy, while equity prefers a Tenancy in Common to prevent unfairness.
What did Lahiffe v Hecker (1994) establish regarding possession?
A co-owner cannot exclude other tenants from the property unless agreed upon, reinforcing the right of unity of possession.
Name three rights co-owners have in relation to the property.
Right of Possession – Each co-owner can occupy the entire property.
Right to Rent and Profits – Income from the property must be shared according to ownership shares.
Right to Sell or Mortgage – A co-owner can transfer their share, but may need consent under certain laws (LCLRA 2009).
Name three ways in which co-ownership can be terminated.
Sale – If all co-owners agree, the property can be sold, with proceeds divided.
Partition – Physical division of the land among co-owners (court may order sale instead if division is impractical).
Union in a Sole Tenant – If one co-owner acquires all shares, co-ownership ends.
What was decided in Cawley v Lillis (2011)?
A person who unlawfully kills a joint tenant cannot benefit from survivorship. Instead, the killer holds the deceased’s share on constructive trust for the estate.
What is overreaching in co-ownership?
If co-owned property is sold by at least two trustees, the beneficial interest is transferred to the purchase price, rather than remaining attached to the property.
What did Burgess v Rawnsley (1975) decide about severance?
Even an incomplete sale agreement can indicate an intention to sever a joint tenancy
What happens if a joint tenant mortgages their share?
If done with consent, it severs the Joint Tenancy, converting it into a Tenancy in Common.
