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