co-owners

joint tenants

tenants in common

right to possession

Dennis v McDonald

Bull v Bull

right to rents and profits from land

Jones v Jones

right to alienate land

termination

partition / sale

vesting in one owner

sale

rights of co-owners

4 unities

unity of possession

unity of title

unity of interest

unity of time

unity of posse

right to any part of premises

same interest - extent, nature duration

take interest at same time

gain interest from same document or transaction

right of survivorship

last man standing - gets all the land

interests transferable

hold shares seperately - can access all property

unity of possession

no right of survivorship

equity

common law

no words of severance, no equitable intervention

purcase in unequal shares

partnership property

mortgage loans

malayan credit v jack chia - not closed categories

unfair if right of surviroship prevails - intention of parties at time taken into acccount

right to alienate

right to rent/ income

right to possession

co-owner right to possess all land jointly

Lahiffe v Hecker - 4 children left property - one sibling lives not allowed exclude others - they can have reasonable invitees

consent neeced s30

can apply if consent withheld

can't ask co-owner for rent

ends joint tenancy becomes tenants in common - right of survivorship no long exists

acquisition of another interest

unity of title destroyed

commorientes

simultaneous deaths

Re Kennedy legal presumption if any uncertainty (car crash not sure if died same time - held presume do)

traditionally went into joint tenancy

2008 act now transforms it into trenants in common

severance

mutual intention

course of dealings

one Joint tenance acts upon own share

Burgesss agreement to sell share, she wants to renegotiate he dies - intention to sever at original agrement- now holding on trust for his heirs

ending co-ownership

union in sole tenant

partition

sale in lieu of partition

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Jones v Jones