chapter  8
36 Pages

Co-ownership

WithJudith Bray

This chapter explains the different types of co-ownership of land. It describes the key features of a joint tenancy. The chapter discusses the key features of a tenancy in common. It explores the key indicators of a tenancy in common in equity. The chapter examines what is meant by severance, in particular the rules concerning severance under statute and at common law. It reviews the rights of a co-owner in land. The chapter outlines the different ways that co-ownership can come to an end. The land then becomes subject to co-ownership. Co-ownership can only take place behind a trust of land, under the Trusts of Land and Appointment of Trustees Act 1996. English law recognises two different types of co-ownership: the joint tenancy and tenancy in common. If the legal title is registered in the name of more than one person then co-ownership of the legal title will arise.