Co Ownership Essay Flashcards
(15 cards)
What are the two main types of co-ownership in land law?
Joint Tenancy and Tenancy in Common.
What is ‘jus accrescendi’?
The right of survivorship in joint tenancy, where the deceased’s interest automatically passes to the surviving joint tenants.
What are the four unities required for a joint tenancy?
Unity of possession, interest, title, and time.
What legal change affects co-ownership in the event of simultaneous death (commorientes)?
Section 68 of the Civil Law (Miscellaneous Provisions) Act 2008 deems joint tenants to have held as tenants in common immediately before death.
Does tenancy in common have the right of survivorship?
No, each tenant in common has a distinct share which passes via will or intestacy.
Which unity is required for a tenancy in common?
Unity of possession.
What is the default presumption of co-ownership at common law?
Joint tenancy, where the four unities are present.
What is equity’s approach when contributions are unequal?
Equity presumes a tenancy in common in proportion to contributions.
What case supports equitable ownership despite sole legal title?
Bull v Bull [1955] 1 QB 234.
How did the LCLRA 2009 change the severance of joint tenancy?
It requires written consent from all co-owners before alienation or acquisition can sever the joint tenancy.
What case shows severance in equity through mutual agreement?
Burgess v Rawnsley [1975] 1 Ch 429.
What happens if a joint tenant unlawfully kills another?
Equity severs the joint tenancy; the killer cannot benefit via survivorship.
Cawley v Lillis [2011] IEHC 515.
Can one co-owner exclude another from the property?
No. Exclusion may constitute trespass.
Lahiffe v Hecker, HC 1994.
Can a co-owner claim rent if the other chooses not to live in the property?
No, unless there is ousting.
Jones v Jones [1977] 2 All ER 231.
What section governs partition and sale of co-owned land in Ireland?
Section 31 of the Land and Conveyancing Law Reform Act 2009.
