JSB171 Lecture 1: 6. Co-ownership
Document Summary
Classification of relationship: co-owners must be registered as tenants in common or joint tenants: s56(1, where not provided, registrar will register as tenants in common: s56(2) Four cl types of tenancy reduced to two (s33(1) pla) In both cases has a right to physical possession. It is unclear exactly what formula the courts will accept to displace the statutory presumption: four unities at common law to create a joint tenancy (all required) , possession (same with tenancy in common, interest. Each of tenants entitled to possession of entirety of land. Nature must have the same interest (eg fee simple life estate) Duration life tenant does not hold temporary joint tenancy: title, time. Same conveyance from same source time: words of severance. Transfers by will & trust are an exception. Eg in equal shares: re rose (1962) ( in equal shares as joint tenants tenancy in common) to be divided between to be distributed in joint and equal proportions.
