ABSTRACT
The law relating to co-ownership of land forms a major part of most land law syllabuses. The law of co-ownership is a product of statute and the common law. The law of co-ownership can be broken down into its various component parts, at least for the purposes of exposition. Concurrent co-ownership of property describes the simultaneous enjoyment of land by two or more persons. In a co-ownership situation, a trustee in bankruptcy will step into the shoes of the legal or equitable owner who is bankrupt. Historically, the typical co-ownership dispute has been between a legal owner and a non-legal owner, the latter claiming a share in the property of the former: for example, Lloyds Bank v Rosset. The implied creation of co-ownership of land – including the acquisition of ownership rights by means other than a formal conveyance – is a relatively common phenomenon and an even more common claim.
