ABSTRACT

Tenancy in common differs fundamentally from joint tenancy in that: (a) the only unity is the unity of possession; and (b) there is no right of survivorship. Tenants in common are said to hold ‘in undivided shares’. This means that each tenant has a distinct fixed share in the property (for example, one-half, one-third, one-quarter), albeit that the land at present is undivided and treated as a single unit, which can be realised if and when the property is sold; and, since there is no ius accrescendi, a tenant in common may dispose of his share by will or it may pass on his intestacy.