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Property Law Co Ownership Notes

BCL Law Notes > Property Law/ Land Law Notes

This is an extract of our Property Law Co Ownership document, which we sell as part of our Property Law/ Land Law Notes collection written by the top tier of University College Dublin students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Property Law/ Land Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

CO-OWNERSHIPWhen more than one person owns a property

Tenancy in common, joint tenancy, coparcenary (obsolete), tenancy by entireties (obsolete)
CoParcenary

Prior to succession act, the rules of succession governed by primogeniture - succession by the male defendants.A generation with no sons - the property would go to the daughters and they would hold it on a co-ownership basis - this was called coparcenary.

Tenancy by entireties

Related to the fact that at common law, a husband and wife were treated as one unit.

JOINT TENANCY

A type of co-ownership, where two or more owners of land are treated as a single owner of land
Legally, they are a single owner.

Qualifications:

1. Survivorship

2. Four unities

If you don't have a joint tenancy, you likely have a tenancy in common.

The principle of survivorship:

When one of the co-owners die, their interest ceases, and the survivor owns the property then themselves.
Say there are 3 - A, B,C - A dies - the property ownership is equally owned by B and C
If C dies, it goes to B
If B dies, the rules of succession apply - the ownership ends, and with it there are no rules of survivorship anymore
Survivorship takes precedence over wills.
So, if A and B jointly owned a property, and B dies - even if B leaves the property to C -
it goes to A

S 4 (C) of the succession actThe estate or interest of a deceased person under a joint tenancy…

The four unities

1. Unity of possession

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