LAW316 Lecture 9 - CO-OWNERSHIP AND STRATA TITLE1Law 316...

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Unformatted text preview: CO-OWNERSHIP AND STRATA TITLE1Law 316 Lecture 9Sources of Co-ownership2 The common law rules for holding property in common by two or more people,Legislative applications of common property, the company titles, timeshare and strata title.Forms of Co-ownership3In modern times the two main forms of concurrent ownership are the:Joint tenancyTenancy in commonJoint Tenancy4There are two distinguishing characteristics of a joint tenancy:The four unities, andThe right of survivorship or the jus accrescendiThe 4 Unities5Unity of PossessionUnity of InterestUnity of TitleUnity of TimeUnity of Possession6The land is not physically divided. Each tenant holds a physically undivided share of the land.Each co-owner is entitled to possession of the whole of the land. This is called unity of possession and it applies irrespective of the shares in which the property is held (eg one tenant holding and the other holding ).Unity of Possession7Davis v Johnson [1978] UKHL 1 (09 March 1978)Defacto partners were joint tenants of a council flat in Hackney in London. The male partner was extremely violent: the woman was described as living in fear of her life and eventually she left the flat and went to a womens refuge. She applied for an order under section 1 of the Domestic Violence and Matrimonial Proceedings Act 1976 Act (UK) which allowed a court to make an order excluding the other party from the matrimonial home.Only on appeal to the House of Lords was it held that the language of this Statute was sufficient to allow the court to grant an injunction restraining the respondent from using violence towards her and the court ordered him to vacate the flat and not to return to it overruling his common law right to possession of the premises as a joint tenant. See Biviano v Natoli (1998) 43 NSWLR 695 for NSW positionUnity of Interest8 This follows from the proposition that each joint tenant is wholly entitled to the whole. The interest held by each joint tenant is necessarily the same in extent nature and duration. Unity of Title9This means that each joint tenant must derive his or her title from the same document (transfer or deed) or act (adverse possession). Unity of Time10 This requires that the interests of all joint tenants vest at the same time. A transfer of land to A & B when they reach 18 years of age, will create a tenancy in common since there is no unity of timeThe Right of Survivorship11The other distinction feature of joint tenancies is the right of survivorship or the...
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This note was uploaded on 05/26/2010 for the course ECON 1160 taught by Professor Byrke during the Spring '10 term at Macomb Community College.

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LAW316 Lecture 9 - CO-OWNERSHIP AND STRATA TITLE1Law 316...

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