ABSTRACT

The law relating to co-ownership of land forms a major part of most land law syllabuses. Before 1 January 1926, concurrent co-ownership of property could take a variety of forms, but co-ownership since 1 January 1926 will either be by way of a joint tenancy or a tenancy in common. If one joint tenant unlawfully kills the other, he is unable to benefit from the right of survivorship. Before 1 January 1926, it was possible for a joint tenancy and a tenancy in common to exist in both a legal and an equitable estate in land. Before a joint tenancy can exist, the 'four unities' must be present and it is the presence of these unities that enables us to distinguish a joint tenancy from a tenancy in common. These unities are: unity of possession, unity of interest, unity of title, and unity of time.