Land Law
Co-ownership
Why did David leave the property behind for his three daughters? What is the purpose of it?
From a third party’s point of view, we say that it was meant for them to make a living out of it. He wants to let the property be there so that his three daughters can still live together even after he passed on.
Based on the assumption that his three daughters share the co-ownership as joint tenancy of the property based on this sentence ‘jointly and to share amongst themselves’.
What are the criteria for a joint tenancy to exist?
Land of Property Act (“LPA”) 1925 Section 36 states that there are four unities to be display. The unities are as follows:
Unity of Possession - All parties must be entitled to possession of the whole land, and may not exclude each other as co-owners.
Unity of Interest - The co-owners must each have the same interest in the land.
Unity of Title - All co-owners must receive their interest in land under the same document.
Unity of Time - Each co-owner’s title must vest at the same time.
However, what if it is assume that his three daughters share the property as tenants in common?
LPA Act 1925 Section 36 also states that where equity of the property is held as tenants in common, each person will own a definable share which they may sell, mortgage, give away or leave in their will.
Tenants in common are different from joint tenants as each tenant holds a separate and undivided share in the property. Unless the property is physically partitioned, each tenant in common has the right to occupy the property. Each one of them does not have the right to exclude one another.
In considering cases of co-ownership, it is necessary to distinguish between the position at common law and that which obtains in equity.
The above can be supported by the cases as mentioned below:
Malayan Credit Ltd v Jack Chia (MPH) Ltd [1986]
Lau Siew Kim v Yeo Guan Chye Terence [2008]
There is no evidence in showing that the property
Why did David leave the property behind for his three daughters? What is the purpose of it?
From a third party’s point of view, we say that it was meant for them to make a living out of it. He wants to let the property be there so that his three daughters can still live together even after he passed on.
Based on the assumption that his three daughters share the co-ownership as joint tenancy of the property based on this sentence ‘jointly and to share amongst themselves’.
What are the criteria for a joint tenancy to exist?
Land of Property Act (“LPA”) 1925 Section 36 states that there are four unities to be display. The unities are as follows:
Unity of Possession - All parties must be entitled to possession of the whole land, and may not exclude each other as co-owners.
Unity of Interest - The co-owners must each have the same interest in the land.
Unity of Title - All co-owners must receive their interest in land under the same document.
Unity of Time - Each co-owner’s title must vest at the same time.
However, what if it is assume that his three daughters share the property as tenants in common?
LPA Act 1925 Section 36 also states that where equity of the property is held as tenants in common, each person will own a definable share which they may sell, mortgage, give away or leave in their will.
Tenants in common are different from joint tenants as each tenant holds a separate and undivided share in the property. Unless the property is physically partitioned, each tenant in common has the right to occupy the property. Each one of them does not have the right to exclude one another.
In considering cases of co-ownership, it is necessary to distinguish between the position at common law and that which obtains in equity.
The above can be supported by the cases as mentioned below:
Malayan Credit Ltd v Jack Chia (MPH) Ltd [1986]
Lau Siew Kim v Yeo Guan Chye Terence [2008]
There is no evidence in showing that the property