Joint Tency Vs. Tenancy In Common

In this essay I will be advising Eric on certain ways to severe the property and explaining the differences between joint tenancy and tenancy in common. I will be using relevant case law and statues to prove my advisory.
Starting off, when Tom died he left his property Mason Towers off to his 5 children, assuming this is after the 1926 the children will be held as joint tenants instead of tenants in common. However, in the law it states that there can only be a maximum of 4 joint tenants, so the first four listed names will be held as joint tenants. Also because Bill is only 16 he will need to wait until 18 to get a share of the property. Both joint tenancy and tenancy in common are two separate titles that origin from co-ownership of property. …show more content…
The land of property acts protects new land owners from people with better titles which might come forward to sue them. Land of property act 1925 s34(2) says that a tenancy in common does not exists anymore regarding the legal title of land, although tenancy in common does exist in equity. Looking at the problem question Tom’s children are Joint tenants in equity as well common law. This because the property was left for them, they did not purchase it neither did Tom state their unequal shares from the property. Based on the facts that the property was passed onto them, they children are co-owners of mason towers as joint tenants in equity and common …show more content…
He also stated that mutual conduct needs to be clear enough to suffice. Lastly other ways to severe under the common law is in the case of Williams v Hensman where it says that there are other three ways that are “an act of any one of the person interested operating upon his own shares”, this is when a co-owner might get bankrupt and put’s his interest of on lease or