ABSTRACT

This chapter considers co-ownership and how law and equity deals with land ownership by more than one person. It also considers the different ways land can be held and why. The chapter explains how both law and equity regulates co-ownership and how the right of survivorship affects this. It further considers what each co-owner is entitled in relation to the sale proceeds and what should happen where the co-owners do not agree as to what should be done with the estate e.g. whether or not it should be sold. The chapter also explains the different ways that co-owners can hold land in law and in equity and identifies any given situation whether the interests are held as joint tenants or tenants in common and the implications for the trustees and the beneficiaries. It discusses the rules relating to the disposition of land, considering the position of both the beneficiaries and the purchaser and the protection of their respective interests.