Co-ownership - Should Joint Tenancies be Abolished as Outdated or All be Deemed to be Tenancies in Common?

Co-ownership - Should Joint
Tenancies be Abolished as
Outdated or All be Deemed to be
Tenancies in Common?

Table of Contents
INTRODUCTION ..........................................................................................................................3
MAIN BODY ..................................................................................................................................3
CONCLUSION..............................................................................................................................10
REFERENCES..............................................................................................................................11

INTRODUCTION
Co-ownership refers to the situation where two or more individuals are holding and
owning some property. In co ownership, there are two different sections which are considered
and each of the two sections are named as legal estate and equitable estate (Rameezdeen, Zuo
and Stevens, 2017). The assignment will makes its focus on the discussion about the topic co-
ownership and will also focus about the abolition of joint tenancies and about the concepts of
tenancies in common. Along with this, in the essay, it will provide examples of different case
studies with the help of which it will be possible to have more knowledge about the topic of
discussion.
MAIN BODY
Discussion
Co-ownership is the term used to depict the types of possession in which at least two
people are simultaneously qualified under lock and key for an intrigue or interests in a similar
property (Parrett, 2017). The law of co-ownership is a result of rule and the precedent-based law,
the Law of Property Act and the Trusts of Land and Appointment of Trustees Act 1996, which
are significant. There are two sorts of co-ownership: Joint Tenancy and Tenure in Common.
Joint Tenancy is a type of co-ownership in which every individual is completely qualified for the
entire of the domain (Ong, 2018). Inside a joint tenure the joint occupants appreciate as between
themselves a privilege of survivorship and there is constantly an assumption of four solidarities
being available.
The law consistently says that for a joint tenancy to be accessible every one of the 'four
solidarities' must be available. This has been pictured as 'a careful and private association',
association comprising of four solidarities which are title, time, intrigue and ownership (Davys,
2019). Every one of the titles are gotten from a similar award and become vested simultaneously;
every one of the interests are indistinguishable in size; and there is solidarity of ownership and
every hold the entire as in related to his co-owners he is qualified for present belonging and
satisfaction in the entirety (SEE, 2019). From this time forward no joint occupant may ever say
they possess a specific piece of he land which, is confined to other co-owners represented. The

most important element of Joint Tenancy is the privilege of survivorship – the standard that
when one joint occupant passes on the enduring joint inhabitants become qualified for his
interest (Keneally, 2017). This right guarantees that the qualification of each joint inhabitant is
basically stifled upon his/her demise as no offer declines upon the individuals who take under the
perisher's will or on his situation on the grounds that a joint tenants doesn't include an offer
inside the property (Sheehan, 2017).
The statement on which the whole file is based on the simple fact that the context is
referring to the statement mentioned below:Co-ownership -should joint tenancies be abolished as
outdated or all be deemed to be tenancies in common. This statement is justified in this project
through properly explaining each definition and giving case laws to understand basics and titles
which are connected to it.
Inside joint tenancy there is the principle of survivorship, this being the significant
distinction between both joint tenancy and tenure in common (Davys, 2019). It just ever works in
joint tenancy. The reality when one joint tenants passes away, his enthusiasm on the land
naturally is given to the staying joint tenants (Sparkes, 2019). In any event, when one passes
away the other joint tenants are qualified for close to they were before his demise, which is the
entire of the property. For the expired joint tenancy's methods they can't discard their interest to
other by a will (Rush, Mc Veigh and Young, 2018) . On the off chance that state both the joint
tenants kicked the bucket simultaneously and it can't be said whom passed on first, it would be
chosen under the LPA segment 184 that the more youthful joint inhabitant who had increasingly
possibility of enduring, it would be go under their will (Duddington, 2018) .
There is anyway the principle of severance under joint tenants whereby owner of the
entire land can be changed over into a share (Huber-Purtschert, 2017). So if a joint tenants had
considered about this, the person in question increases state a large portion of the property while
the other inhabitant picks up the other half. This at that point turns into a tenure in like manner
between the two individuals (Rose, 2017). Yet, when there are at least two joint occupants and
one thinks about severance, the other two staying in the joint tenure every one of them are as yet
qualified for 75% property while the inhabitant who considered severance has his a lot of 25%
(Brown, 2019). When the joint inhabitant who cut off his interest into an offer, the individual in
question would not be a piece of the rule of survivorship for example his offer being
consequently given to the ex-joint occupants or neither would he be able to participate with the