Co-Ownership

Co-Ownership

1. Legal Ownership

   • Always a Joint Tenancy!

2. Equitable Ownership

   • Can be Joint Tenancy or Tenancy In Common
     • Which One?!
       • 1. Are the 4 unities present?
         • No
           • T-I-C
         • Yes
           • JT
         • 2. Any express statements will be conclusive (Goodman v Gallant)
           • 3. Any words of severance?
             • Yes
               • "equally" "in equal shares" "to be divided between"
                 • T-I-C
               • "jointly"
                 • JT
             • No
               • 4. Are circumstances such that equity will presume T-I-C? Business/unequal contributions
                 • Yes
                   • T-I-C
                     • Tenancy In Common
                       • Each owner holds his individual share of the land
                         • Share is quantifiable but land is undivided
                         • Can do what they want with it
                           • Right of survivorship doesn't operate so can leave in a will
                           • Can sell it or give it away
                 • No
                   • JT
                     • Joint Tenancy
                       • All own land together (as a single owner)
                         • No owner can unilaterally dispose of his interest
                           • Unless he ends ends the JT (can't sever legal ownership, but can with equitable
                             • Means of severance:
                               • Statutory - written notice LPA'25 S.36(2)
                               • Operating upon his share
                               • Mutual Agreement
                               • Course of Dealing
                             • He (and only he) will become a T-I-C, and able to dispose of share as he wishes