Law of Real Property

The nature of the interests in New Well Farm

Co - ownership of property is of two kinds , namely , Joint Tenancy and Tenancy in Common . Joint Tenancy requires the presence of the four unities , the condition that each co - owner has entitlement to all the co - owned land , the co - owners do not own shares in the land and the right of survivorship is in existence . In Tenancy in common , the presence of unity of possession is sufficient , in law the tenants in common do not exist as they possess an undivided share in

the land there is an automatic conversion of attempts to create legal tenancy into joint tenancy , conversion of a tenancy is not possible in common law but possible in equity , the trustees of a tenancy in common control it as joint tenants

A joint tenancy is converted into a tenancy in common by resorting to the process of severance . It can only be effected with regard to beneficial ownership , as there cannot be a tenancy in common in a legal estate . Severance bestows on the person whose interest is removed a portion of the property that is determined by the actual number of joint tenants present at the time of severance . No person whose interest is severed can claim a greater share by relying on the contributions made to the property . But in Stack v Dowden , this was held in contrary on the requisite of an express declaration in to be conclusive

The nature of the land holding in this instance is that of joint tenancy . The co - owners in a joint tenancy have equal rights over the land in question . A joint tenancy is vested with only a single title to it , which each and every one of the joint tenants owns jointly . In the event of such land being registered , the Land Registry will have only one title under a single title number . In unregistered joint tenancy land , there will be but one set of title deeds that will specify all the co - owners

A very important principle in joint ownership is that of the right of survivorship or ius accrescendi , which transfers to the remaining joint owners the right of a deceased joint owner in the jointly owned property . Moreover , as transpired in Gould v . Kemp any attempt to transfer interest in the property by means of a will , is destined to fail because in the absence of a severance of the joint tenancy , because no portion or share of the jointly owned property exists

Beneficial ownership can be either as joint tenants or tenants in common . The right of survivorship becomes applicable on death in the case of joint tenants , hence the surviving joint tenants obtain the deceased 's interest . The result is that the deceased person 's relatives are in no way benefited by the former 's interest in the joint tenancy This disturbing fact explains the penchant of the majority of persons who share homes to opt for holding the...