How Land Can Be Held By More Than One Person

Question 1

Distinguish between a joint tenancy and a tenancy in common

Answer 1

A joint tenancy is when the co-ownera do not have shares in the land and instead each co-owner is entitled to the whole estate. For this to exist there are 4 unites that need satisfying. The doctrine of survivorship affects this type of tenancy.

A tenancy in common entitles the co-owners to a notional share of the property, which he can dispose of during his lifetime or in death.

Question 2

What are the 4 unities in respect of joint tenancy?

Answer 2

Time - the interests must arise at the same time.
Title - each tenant must gain his title from the same document.
Interest - the interest of each tenant must be the same.
Possession - each tenant is entitled to possession of the whole land.

Question 3

Explain the rights and duties of trustees and equitable owners under a trust -to do

Answer 3

4

Question 4

Explain the equitable doctrines of resulting and constructive trusts. - to do

Answer 4

1