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Unformatted text preview: didn’t make adequate provision for their family. Tenants in common
As tenants in common, the co-owners have an undivided (though not necessarily equal) share in the
property (see Figure 33.5). In a case where the co-owners have contributed unequally to the purchase of
the property, it is possible for them to hold the property in shares that recognise the proportion of their
contribution to the property’s purchase.
While unity of possession and unity of interest will apply, unity of title and unity of time may apply,
although they are not necessary. Survivorship doesn’t apply to tenants in common; therefore, the usual
rules relating to deceased estates apply and the joint owners can dispose of their interest in the property
in their will.
FIGURE 33.5 Elements necessary for a tenancy in common
Tenants in common Unity of possession Unity of interest Unity of title
(optional) Unity of time
(optional) Methods by which land ownership is established
The Native Title Act 1993 (Cth) and its impact are outside the scope of this book. However, given its
importance in property law, we begin with an overview of native title and then we c...
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