CILEX Land Law and Conveyance

—Property owned by more than one person

—Legal Title held by two/more persons

—All Parties that co-own property=

-Right to enjoyment + possession of property

Most Common types:

• Joint Tenants
• Tenants in Common

• Estate = time period during which and interest in land my be held by its owner.
• Freehold estates are those involving ownership
• Leasehold estates are those involving tenants.

• Potential to last forever. It will only come to an end when the person possessed of the fee simple estate dies and there is no successor.
• Succession Act s. 94 - State is the ultimate successor to a person’s property
• Free to use and enjoy the land as he pleases UNLESS modified.

• smallest type of freehold estate
• Not inheritable
• Length is determined by the life of the person in possession or the life of another person.
• One is an estate for the duration of the person to whom it is granted, i.e. the life tenant himself
• The other is an estate for the life of another person, i.e. an estate pur autre vie.
• Cestui qui vie.Cestui qui use

• A leasehold estate is an estate in which the lessee or tenant holds a temporary rights to the land or property, given by a lessor or landlord.
• The relationship between landlords and tenants is essentially a contractual one.
• Leases are now recognised as creating a distinct estate. The landlord retains ownership and control and the tenant has possession and enjoyment of the property.

—Where one co-owner dies, surviving co-owners automatically share the whole land

—Joint tenancy cannot be left by will

—Common law presumes joint tenancy

—Common law prefers joint tenancy (more favourable + less fractious)

—Two important characteristics:

• 1.Right of Survivorship
• Four unities present

• Joint tenancy can sell - if one party sells then the contract becomes a Tenancy in Common and Joint Tenancy is ceased
• If there is an unlawful killing then the surviving tenant forfeits the right of survivorship

• Possession
• Interest
• Title
• Time

• Each co-owner entitled to possession of all property
• Land must not be divided
• Each Co Owner entitled to whole of land

• All joint tenants must have same/identical interest in land
• Must all hold same tenure (freehold interest/leasehold interest)
• Must all hold same estate in land (fee simple/life estate)
• Principle is not breached- one joint tenant hold additional interest in land, created at/before creation of joint tenancy

• Must acquire interest by same title (same deed/will/act of adverse possession)
• Must derive their title from same document or transaction

Joint tenants interest must vest (in the person) at the same time

• Tenancy in common exists when there is no right of survivorship
• —Tenants in common can hold different interests in land
• —Tenants in common hold shares of ownership
• —Each entitled to possession of entirety of land
• —Share of land of each tenant in common, passes on his death to his devisee/legatee under will/person entitled under intestacy (if no will)