Co-ownership

Question 1

Is ‘jointly’ a word of severance?

Answer 1

No, it is not so it doesn’t raise a presumption of a tenancy in common, but rather indicates an express creation of a joint tenancy

Question 2

What are the two forms of co-ownership?

Answer 2

Joint tenancy

Tenancy in common

Question 3

Which form of co ownership gives jus acrescendi (right of survivorship)?

Answer 3

Joint tenancy, for owners own interests in the land as if they were one person

Question 4

What are the four requirements for a presumption of a joint tenancy to arise?

Answer 4

The four unities:

Unity of possession
Unity of interest
Unity of time
Unity of title

Question 5

What are words of severance?

Answer 5

Words that indicate that owners intend to take distinct shares in the potential value of the property, ie ‘equally’, ‘amongst’, ‘in equal share’. These will indicate raise a presumption of a tenancy in common at equity

Question 6

What overrides any equitable presumption as to beneficial entitlement? Give an example

Answer 6

An express declaration in the contract or deed of conveyance as to the beneficial shares of the co-owners. This was held in Goodman v Gallant

Question 7

What raises a presumption of a tenancy in common?

Answer 7

If co-owners make unequal contributions

If business partners purchase land for business purposes (Lake v Craddock)

Question 8

What was the importance of the decision in Stack v Dowden?

Answer 8

It held that where a legal estate of a family home is held by both partners, there will be a presumption of a joint tenancy in equity even if they made unequal contributions, unless it can be demonstrated that this is not what was intended