Ownership, Co-ownership and Possession
What the exam tests
Ownership, co-ownership and possession questions test whether you can separate title from possession, identify joint tenancy and tenancy in common, and apply severance and survivorship. You must also explain the relativity of title and the duties of co-owners.
Core rules
- Ownership is the greatest bundle of rights; possession is factual control plus intention to possess. Possession may found a title good against all but a better title.
- Joint tenancy requires the four unities: possession, interest, title, and time. Joint tenants have a right of survivorship; on death, the survivor takes the whole.
- Tenancy in common has unity of possession only. Each tenant has a distinct, transferable share, which passes under a will or intestacy.
- Severance converts a joint tenancy into a tenancy in common. It may occur by alienation, mutual agreement, course of dealing, or unlawful killing of a joint tenant.
- A co-owner who excludes others may be liable to account for occupation rent; a co-owner who receives more than their share of rents must account.
Worked example
A, B and C buy a house as joint tenants. A sells her interest to D. That alienation severs A’s share, so B and C remain joint tenants of two-thirds, while D holds one-third as tenant in common. If B later dies, C takes B’s share by survivorship, but D’s one-third is unaffected.
Traps
Assuming joint tenants hold fixed shares; forgetting that severance affects only the severing tenant; treating possession as proof of ownership; ignoring the accounting duty between co-owners.