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Co-ownership (Tenancy in common (Unity of possession (in principle, no…
Joint tenancy
- held jointly not exclusively
- indivisible
Four unities
Unity of possession
- physical space is not divisible
- cannot exclude the other tenant from physical space (no concept of trespass)
- cannot preclude the other tenant from enjoying benefits derived from the property
- no rent obligation
?? cultivation of property (Henderson v Eason)
-
Exclusory behaviour
- ouster (one joint tenant physically forces other joint tenant to leave the property)
Unity of interest
- interest is not divisible, each tenant wholly entitled
- A&B have the same interest (e.g. same estate for both)
- third party purchasers have to obtain consent (signatures) of all the joint tenants before the contract is valid
Exception
- A's unilateral negotiating and selling property to 3P may constitute severance of joint tenancy between A and B, making it a tenancy in common (in equity)
Unity of title
- joint tenancy derived from/all the property interest comes from the same title (arise from the same instrument) (A&B only, C cannot be joined in the title)
Unity of time
- interest must be acquired by both tenants at the same time
Rights of survivorship
- if one dies, the other attains whole interest in property
- it does not matter if the person dies testate or intestate, rights of survivorship prevail; only after severance can there be transfer of shares via wills
- surviving tenant(s) do not need to do anything further to vest their interest, only need to ask Registrar to reflect change in number of tenant(s).
- not "pass" but "survive to"
Tenancy in common
Unity of possession
- in principle, no rent obligation, cannot claim anything unless there is an actual or constructive ouster
- increasing exceptions arising from unity of possession + no unity of interest, e.g. “just share” principle (if any of the co-tenants obtains interest or profit from property exceeding his just share, apply notional rent obligation)
- even the concept of "just share" has expanded (not just profit, but any income exceeding just share)
No unity of interest
- interest is divided into shares
No unity of title
- A can transfer her shares to C, C's title may come from the transfer (not the original transfer when A & B became tenants in common)
No unity of time
- e.g. C buying shares from A to become tenant in common
That is, ownership of an interest in the same property by two or more persons at the same time, thereby entitling them to simultaneous enjoyment of that property (Goh Teh Lee v Lim Li Pheng Maria and others)
Sale of property
- whether JT or TC, need to have the consent of all tenants before sale due to unity of possession
Beneficiary ownership in equity
- legal JT turned into TC due to differing genuine intention of parties, beneficiaries of property get their share