Co-ownership: Joint Tenancy, Tenancy in Common, Family Land and Partition
What this domain tests
This domain tests the distinction between joint tenancy and tenancy in common, the incidents of family land, and partition.
Core rules
- Joint tenancy requires the four unities: possession, interest, title and time. Joint tenants have no distinct shares; the right of survivorship applies.
- Tenancy in common requires only unity of possession; co-owners hold distinct shares, which pass under their wills or intestacy. There is no survivorship.
- Words of severance ('in equal shares', 'to be divided between') create a tenancy in common.
- Family land is held under customary law by the family as a unit; principal members' consent is required for alienation. Partition may be by family agreement or court order and converts co-ownership into individual ownership.
Worked example
A deed conveys land 'to A and B jointly'. A dies intestate. B takes the whole by survivorship. If the deed had said 'to A and B in equal shares', A's share would pass to A's estate and B would hold only half.
Traps
Applying survivorship to a tenancy in common. Treating family land as the personal property of the eldest male. Assuming partition requires only one member's consent.