Co-Ownership

Question 1

In law an interest in land can only be held in what type of tenancy?

Answer 1

Joint Tenancy

Question 2

Upon death an interest in land held in joint tenancy passes to who?

Answer 2

The remaining joint tenants, until there is only one survivor.

Question 3

The four unities are?

Answer 3

a. Unity of Possession
b. Unity of Interest
c. Unity of Time
d. Unity of Title

Question 4

Does severance effect the legal title?

Answer 4

No, severance can only effect the equitable title.

Question 5

What are the requirements/conditions for severance by notice?

Answer 5

A. Must be in writing 
B. Clear intention to sever 
C. Notice must be served on all joint tenants
D. No need for signature 
E. Can be unilateral 
F. Intention to sever must be immediate

Question 6

ABCD are joint tenants in law and equity. C murders A, what happens?

Answer 6

C share is severed in equity, and they hold as a tenant in common, due to forfeiture rule. A share goes to B & D as they still hold as joint tenants in law and equity.
C holds 25% as a tenant in common and B & D hold 75% as joint tenants in equity. BCD Remain joint tenants at law.