Co-ownership

Question 1

What is the maximum number of people who can own a legal estate

Answer 1

4 people

Question 2

Can a child under 17 take legal title to a property ?

Answer 2

No

Question 3

Which form of co-ownership does survivorship apply ?

Answer 3

Joint Tenants

Question 4

What are the 4 unities for joint tenants ?

Answer 4

Unity of…
1. Possession
2. Interest
3. Title
4. Time

Question 5

What is the one unity needed for tenants in common

Answer 5

Unity of possession

Question 6

“ No disposition by a sole proprietor of the registered estate ( except a trust corporation ) under which capital money arises is to be registered unless authorised by an order of the court “ - what / where is this restriction applied ?

Answer 6

Where co-owners of registered land hold as tenants in common the land registry will enter the following registration in the PROPRIETORSHIP REGISTER OF THE TITLE

Question 7

What does unity of possession mean ?

Answer 7

All joint tenants are entitled to possess every part of the land

Question 8

Unity of interest - what does it mean ?

Answer 8

The land is all freehold OR all leasehold

Question 9

What does unity of title mean ?

Answer 9

Title is acquired under the same document / transaction

Question 10

What does unity of time mean ?

Answer 10

All co-owners acquired their interest at the same time

Question 11

How many ways can a joint tenancy be severed ?

Answer 11

5 ways ;

1. Written notice
2. Operating on a party’s own share
3. Mutual agreement
4. Mutual conduct
5. Forfeiture following unlawful killing

Question 12

Severance by written notice - what are the requirements for the written notice to be effective ?

Answer 12

1. In writing
2. Intention to sever must be immediate
3. Evidence that it has been delivered*

• notice does not need to be read by the other co-owner - just delivered.

Question 13

Severance by operating on a party’s own share - what does it mean ?

Answer 13

It means that severance will occur if one of the co-owners does something to sell / remortgage their share of the equitable property.

This severs only the equitable interest and the legal interest remains the same.

Question 14

If there are three people owning a joint tenancy and one gives away their share of the equitable interest. What happens to the joint tenancy?

Answer 14

The legal interest stays the same. But there has been a severance of the equitable interest. A + B will stay as a joint tenants owning 2/3 of property. The 1/3 will be held as an equitable interest as a tenant in common.

Question 15

Severance by mutual agreement - what are the requirements ?

Answer 15

1. All joint tenants MUST agree to sever.
2. It can be express or implied.

Question 16

What is severance by mutual conduct ?

Answer 16

This requires a collective agreement between all co-owners.

Question 17

Severance by mutual conduct - what stance have the courts taken ?

Answer 17

The courts have taken a stance that inconclusive negotiation to sell one co-owner’s share will not amount to severance.

Physical division of land will not amount to severance unless clear intention to sever.

Unless there is a clear indication of intention.

Question 18

What is the effect of severance ?

Answer 18

It will only affect the equitable share the co owner has severed unless by mutual agreement

Question 19

How are disputes between co-owners solved ?

Answer 19

Under Tolata 1996

Question 20

What interest do trustees have in land ?

Answer 20

A legal interest

Question 21

What interest do people who have a beneficial interest in land have ?

Answer 21

Equitable interest

Question 22

Explain forfeiture following unlawful killing…

Answer 22

On public policy grounds a co owner who has unlawfully killed another should not benefit financially from that.

Usually - in a joint tenancy - upon the death of one co-owner the ownership of the legal and equitable estate will fully vest in the other co-owners

Question 23

A tenancy in common does not need to be expressly declared - true or false ?

Answer 23

True. It can be implied by the actions of the parties.