ABSTRACT
The law relating to co-ownership of land 1 forms a major part of most land law syllabuses. More important than that, however, is the fact that this is one area of land law that can have a powerful impact on the lives of everyone in England and Wales. In simple terms, the law of co-ownership operates whenever two or more people enjoy the rights of ownership of land at the same time, whether that be freehold or leasehold land. The co-owners may be husband and wife, 2 civil partners, unmarried partners, 3 family members, 4 friends, neighbours, business partners, 5 or stand in any other relationship to each other that we can think of. In other words, ‘the law of co-ownership’ is a set of rules that governs dealings with property that is owned simultaneously by more than one person. It is not concerned specifi cally with the property law problems of married or unmarried couples. It is not a species of family law. Of course, many of the problems that exist with co-owned property arise precisely because an emotional relationship has broken down, or friends have fallen out, or a mortgage cannot be paid. However, these are the causes of the problem and the law of co-ownership is not designed specifi cally for these domestic eventualities. It is important to remember the fundamental ‘property law’ nature of co-ownership when considering the issues discussed below.
