Concurrent Title

Question 1

Primary difference between joint tenancy and tenancy in common

Answer 1

Right of survivorship - “jus accrecendi”

Question 2

Statutory provision establishing survivorship order in simultaneous death w/ joint tenants

Answer 2

Survivorship Act s 3(1)

- the older is presumed to have died first

Question 3

Statutory provision establishing presumption in favour of tenancy in common for legal estates

Answer 3

Real Property Act s 5(1)

Question 4

Statutory Provision establishing presumption in favour of joint tenancy for equitable states

Answer 4

Real Property Act s 5(1)

Question 5

Where you have terms that could be a joint tenancy or a tenancy in common (“jointly in equal shares”) … (authority)

Answer 5

McEwan

• for a grant preference is given to the first term
• for a will preference is given to the last term

Question 6

Four unities of joint tenancy

Answer 6

1. Possession
2. Interest
3. Time
4. Title

Question 7

Statutory provision to sever a joint tenancy by mutual agreement

Answer 7

Partitions Act s 4

Question 8

Can’t unilaterally grant yourself title to sever a joint tenancy (authority)

Answer 8

Presseau

- all tenants must agree under Partition Act s 4

Question 9

How does equitable severance happen?

Answer 9

When parties demonstrate by their conduct that they wish to sever, but one of them dies before they can complete it.

The surviving tenant will hold the complete legal fee simple under the right of survivorship, but the deceased estate will hold a portion of an equitable tenancy in common.

Question 10

What does ‘unity of possession’ mean?

Answer 10

All joint tenants must hold equal possession of the whole property (Speck)

Question 11

What does ‘unity of interest’ mean?

Answer 11

All joint tenants must have the same estate and type of estate (all legal or all equitable)

Question 12

What does ‘unity of time’ mean?

Answer 12

All joint tenants have to have acquired their rights at the same time

Question 13

What does ‘unity of title’ mean?

Answer 13

All joint tenants must have received their rights from the same instrument.

Question 14

Real Property Act s 5(1)

Answer 14

Statutory provision establishing presumption favouring tenancy in common for legal estates and joint tenancy in equitable estates

Question 15

McEwan

Answer 15

Where you have terms that could be a joint tenancy or a tenancy in common (“jointly in equal shares”) … (authority)

Question 16

Partitions Act s 4

Answer 16

Statutory provision to sever a joint tenancy by mutual agreement

Question 17

Presseau

Answer 17

Can’t unilaterally grant yourself title to sever a joint tenancy (authority)

Question 18

Re Speck

Answer 18

A case where two parties tried to set up a 79/21 split in joint tenancy.

Not allowed - joint tenancies have to all have equal access to complete share. Splitting results in a tenancy in common.

Question 19

Survivorship Act s 3(1)

Answer 19

Where two joint tenants die simultaneously, the older is deemed to have died first (leaving the entire estate to the younger).