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4 Cards in this Set
- Front
- Back
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Joint Tenancy
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Right of Survivorship :
When one of the joint tenants die, the remaining tenants split the property between them. The issue of the deceased does not inherit a right to the property. Four Unities : - possession - interest - title - time -- O'Hea v Slattery : children do not have to be born at the time to qualify as being part of the class Common law prefers this. The Registration of Title Act 1964 creates a presumption towards joint tenancies. |
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Tenancy in Common
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There is one unity.
There is a distinct and undivided share. - this means that there is no right of survivorship - when one tenant dies, their successor's inherit their share. Equity prefers this. |
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Severance of a Joint Tenancy
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Converting a joint tenancy into a tenancy in common
- partition ends all co-ownership - creating distinct shares - done inter vivos (not through testamentary disposition) At common law : - destruction of the unity of interest or the unity of title - cannot be done through a judgement mortgage - cannot be severed without consent - technical At equity : - more flexible because it initially didn't favour the joint tenancy - by agreement of the tenants - by acting as though it was already severed |
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Termination of a Joint Tenancy / Tenancy in Common
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Union in a sole tenant
Partition - division of the property - consent is of utmost importance Court Order - s31 of the LCLRA 2009 - the courts generally regulate disputes in this area since the enactment of the 2009 Act. Benefits received have to also be proportionate |
