8 - Co-ownership

Source: Unlocking Land Law

The answer to question No 7 of sample set of questions provided Kaplan lies in this chapter. After reading this chapter, you should be able to have a grip over the following:

1) Types of co-ownership - joint tenancy and tenancy in common, the underlying law in each of these two

2) Joint tenancy - 4 unities required (possession, interest, title and time), rule on survivorship, rule on severance (see Lord Denning's and Lord Russell's views in Bedson v Bedson)

3) Tenancy in common - only common possession required

4) Creation of co-ownership - Legal estate can exist only in JT and it annot be severed (s1(6)  and 36(2) of LPA) and maximum 4 JTs, equitable ownership can exist either in TC or JT, solving a question as to JT or TC, leading case is Malayan Credit Ltd (Kaplan's sample question can be answered from this case)

5) Method of severance of JT - (a) by written notice, see the distinction between s 196(3) and (4) for the purpose of s36(2), see the leading cases Kinch v Bullard, Harris v Goddard, (b) at common law (by conduct, mutual agreement, mutual conduct), mind it the will will not severe JT because will can be changed anytime, see the rule in Burgess v Rawnsley (c) by operation of law

6) The right of co-owners in land  - rights of occupation, right to claim rent, no right to claim for repairs (Leigh v Dickenson)

7) Termination of co-ownership - transfer of property, partition, release, vesting in sole owner (see the distinction between registered and unregistered land)