Land Law: Joint Tenancy, Tenancy in Common, and Mortgage Impact

This essay provides a comprehensive overview of joint tenancy and tenancy in common under Land Law. It begins by defining tenancy and differentiating between joint tenancy and tenancy in common, highlighting the rights, obligations, and implications of each. The essay further explores the reforms in the severance of joint tenancy, discussing how these reforms have simplified the process of transferring rights and property. It emphasizes the importance of identifying the intentions behind property rights transfers, the relationship between joint tenants, and the type of mortgage involved (joint or separate) in determining the appropriate type of joint tenancy. The analysis includes consideration of how these factors influence decision-making in joint tenancy agreements. The document concludes by referencing several sources that support the arguments and analysis presented.

LAND LAW

Table of Contents
MAIN BODY...................................................................................................................................3
REFERENCES................................................................................................................................5

MAIN BODY
1.
Tenancy refers to a kind of ownership of property. In other words it means a tenant is
permitted to inhabit a certain property from another person by signing a rent agreement or a
lease. The agreement acknowledges the rights, duties and roles of both the landlord and the
tenant. Similarly, a joint tenancy is where two or more individuals shares an ownership right
over a property1. According to the English law it consists of two types that is joint tenancy and
tenancy in common. A joint tenancy is a kind of ownership where each parties have equal
ownership rights of the property in other words each individual has 100% stake in the property
which means they own the property as a whole. According to the law everyone acts as a single
owner together.
It also states that as a joint tenant, the ownership rights cannot be transferred or inherited
to other person that is if one of the tenant dies or leaves the part of the property then
automatically the property will be transferred to the other partners and tenants as the right of
survivorship2. Mostly these type of tenancy is used by the married couples who owns property
together. On the other hand, tenancy in common, each person has its own separate share of
property that differs in size from person to person. This type of ownership is mainly used by
relatives and friends who are willing to by buy property together. According to the law, it states
that the rights and shares of tenant under tenancy in common can be transferred and inherited by
others without make an agreement void. There has been reforms in the severance of joint tenancy
that is now joint tenancy can be converted into tenancy in common3. That is though various
means it can be done like by apply an application in court, by implied or expressed agreement
between the joint tenants or by granting life interest in the property to third person. With these
1
Puspa Liza, Ghazali, and Osmani Noor Mohammad. "Application of hibah umra and ruqba in
joint tenancy with right of survivorship: an analysis." (2018): 1-8.
2 Hutcheson, Joel. "Say What You Mean! How Arkansas Courts Are Contradicting the Default
Rule of Tenancy in Common." (2019).
3 Orth, John V. "Termination of tenancy in common by adverse possession: A comparative lesson
from the United States." ADELAIDE LAW REVIEW 40, no. 2 (2019): 609-614.

reforms in the methods of joint tenancy has helped in simplifying the process, making it easier
and simpler for tenants in transferring their rights and property. Also, these reforms has
elaborated the rights of joint owners that is no one can be forced to leave without orders of the
court and also provided that property cannot be sold without the agreement of each joint owner.
2.
A joint tenancy is a form of legal agreement in which two or more people come together
in accordance to own a property with several rights and obligations. As there are two types of
joint tenancy. It is very important to identify the intentions with reference to the transfer of
rights and inherent rights of the property4. Because it is one of the most crucial element in
deciding which type of joint tenancy should be choosed. That is in the case of joint tenancy each
person has equal stake in the joint property that is there are assumed to be a single entity. And
under this kind of ownership the there is no transfer of rights and shares and also it cannot be
inherited to the beneficiaries. That is, if a partner leaves or dies, the property will be owned by
the other partners in agreement. Whereas, in case of tenancy in common, each person has a
separate share in the property and in this kind there can be transfer of rights and property that is
properties can be inherited by the beneficiaries after the death of the joint tenant5. Therefore, it
becomes essential to identify the intention behind the transfer of rights of Lisa and Geoff as to
decide which type of joint tenancy they want to opt for.
Also, it becomes very important to identify the relationship that Lisa and Geoff have that
is mostly married couples enter into joint tenancy as the property is owned as a whole whereas in
tenancy in common with the benefit of different owning a different share in property friends and
relatives enter into this type of tenancy6. However, another important aspect that can affect the
decision making of joint tenancy between Lisa and Geoff is to whether have a joint mortgage or
separate mortgage . That is it means when two or more people borrow money together. It is also
one of the crucial aspect because in joint tenancy, tenants need to get one joint mortgage and
cannot apply for separate mortgages but in case of tenancy in common it allows separate
4 Dippel, Christian, Dustin Frye, and Bryan Leonard. The costs of tenancy in common: Evidence
from indian land allotment. Technical report, 2019.
5 Gaither, Cassandra Johnson. "Spatial dimensions of heirs’ property in Maverick County,
TX." southeastern geographer 57, no. 4 (2017): 371-387.
6 Spivack, Carla. "Broken links: A critique of formal equality in inheritance law." Wis. L.
Rev. (2019): 191.

mortgages and also the joint mortgages. Therefore, it is very important to understand and identify
the type of mortgage taken as it will influence the decision of the joint tenancy.
REFERENCES
Puspa Liza, Ghazali, and Osmani Noor Mohammad. "Application of hibah umra and ruqba in joint tenancy with
right of survivorship: an analysis." (2018): 1-8.
Hutcheson, Joel. "Say What You Mean! How Arkansas Courts Are Contradicting the Default Rule of Tenancy in
Common." (2019).
Orth, John V. "Termination of tenancy in common by adverse possession: A comparative lesson from the United
States." ADELAIDE LAW REVIEW 40, no. 2 (2019): 609-614.
Dippel, Christian, Dustin Frye, and Bryan Leonard. The costs of tenancy in common: Evidence from indian land
allotment. Technical report, 2019.
Gaither, Cassandra Johnson. "Spatial dimensions of heirs’ property in Maverick County, TX." southeastern
geographer 57, no. 4 (2017): 371-387.
Spivack, Carla. "Broken links: A critique of formal equality in inheritance law." Wis. L. Rev. (2019): 191.

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