9. The Legal Framework of Co-ownership

Abstract

Co-ownership of land imposes a trust, which was originally a trust for sale but is now simply a trust of land, and which is imposed mainly because it is essential to determine, separately, the position of the co-owners in law and at equity. This is attributed to the legal framework that governs co-ownership. In the past, land could be co-owned via four different methods—joint tenancies, tenancies in common, tenancies by entireties, and coparceny—the first two of which remain important, while the last two are now virtually nonexistent. This chapter examines the legal framework under which co-ownership of land takes place. It first considers joint tenancies and tenancies in common before turning to co-ownership after 1925, severance and implied severance, acts of severance, disputes between co-owners, and disputes over sale.