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Joint Tenancy and Tenancy in Common (Draft)

By J.T. Mugambwa

Abstract

Joint tenancy and tenancy in common are for all intents and purposes the only means of co-ownership of real or personal property in Western Australia. Joint tenants hold the whole property jointly and nothing separately. Tenants in common, on the other hand, have a distinct share in the property. There are two essential features that distinguish a joint tenancy from a tenancy in common. The first feature is the right of survivorship: upon the death of one joint tenant his interest in the property is extinguished and the interest of the surviving joint tenants is correspondingly enlarged. Upon the death of a tenant in common his interest in the property passes under his will or intestacy. The second feature is the presence of four unities: in order for there to be a joint tenancy there must be unity of title, interest, time and possession. Although the four unities may be present in a tenancy in common, the only unity which is essential is unity of possession

Publisher: The Law Reform Commission of Western Australia
Year: 1994
OAI identifier: oai:researchrepository.murdoch.edu.au:15699
Provided by: Research Repository
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