MULTIPLE OCCUPIERS

Question 1

What are the 2 methods of co-owning land?

Answer 1

Joint tenancy and tenancy in common

Question 2

What must be present to own land as a joint tenant?

Answer 2

The 4 unities

Question 3

What are the 4 unities?

Answer 3

1- Unity of possession;
2- Unity of interest;
3- Unity of time; and
4- Unity of title

Question 4

What is the unity of possession?

Answer 4

• All must be entitled to occupy the whole of the premises.

- No-one has exclusive use of any part.

Question 5

What is the unity of interest?

Answer 5

• All occupiers must have a leasehold interest for the same term under the same conditions and must be jointly liable for the rent.

Question 6

What is the unity of time?

Answer 6

• All of the occupiers’ interests must start at the same time.

Question 7

What is the unity of title?

Answer 7

• All of the occupiers interests must derive from the same document or from separate but identical documents which are interdependent.

Question 8

To hold a tenancy in common do you need all 4 unitises?

Answer 8

No, you only need unity of possession

Question 9

What is the practical significance between holding a tenancy in common and a joint tenants?

Answer 9

Survivorship applies in a joint tenancy but not for tenancy in common

Question 10

What is survivorship?

Answer 10

• Survivorship operates automatically as soon as the joint tenant dies. This means that the interest accrues immediately on death and is unaffected by any provision in a will, or by the intestacy rules if there is no will. This is because a will is of no effect until after death, by which time survivorship has already operated. Therefore any provision in a will which purports to leave a joint tenant’s interest to someone will have no effect
• When there are two joint tenants, on the death of one, the interest accrues to the survivor who becomes sole owner.

Question 11

What is the maximum number of legal owners?

Answer 11

four (s34(2) TA 1925)

Question 12

Can anyone be a trustee?

Answer 12

Must be a full age and sound mind:LPA 1925, s 1(6) and s 22.

Question 13

Can the legal joint tenancy be severed to make a tenancy in common?

Answer 13

No (s36(2) LPA 1925)

Question 14

Is there a limit on the number of people who can hold an equitable interest?

Answer 14

No, not any requirement that they be Sui juris (full age and sound mind anyway)

Question 15

Can an equitable joint tenancy be severed?

Answer 15

Yes, they will be a tenant in common

Question 16

When will a rebuttable presumption of a tenancy in common arise?

Answer 16

• purchase price of a non-domestic property has been paid in unequal shares
• land in a business asset