4013LAW Lecture 9: 09-Co-Ownership

• School: Griffith University
• Department: Griffith Law School
• Course: 4013LAW
• Professor: any

Document Summary

The unity of interest (all interests are identical); The unity of title (all have the same claim to the title); and. The unity of time (all interests are at the same time). Severance: court generally favours joint tenancy, but if there is slight evidence of severance then it is a tenancy in common (robertson v fraser), words that indicate severance and thus tenancy in common: Anything other that joint tenants" or jointly". Unilateral act of one or more joint tenants; By mutual agreement (express or implied); or. By a course of dealing constituting a tenancy in common. General co-ownership characteristics: the unity of possession entitles each co-owner to the use and enjoyment of the whole land. If a co-owner chooses not to exercise their right to possession of the land, they are not permitted to take action to recover rent or profits from the occupying co-owner.