The two most common types of co-ownership of real property (that is land and buildings) are joint tenancies and tenancies-in-common. Joint Tenants. Two or more of Finally, unity of time requires that they take possession of the property at the same time. The tenants must have the right to enjoy the property as a whole, concurrently. Two owners must each have a 50% interest, four must each have a 25% interest, and so on. Joint tenancy . However, joint tenants and tenants in common are overwhelmingly more common and thus the types well be focusing on below. Unity of possession - each party is entitled to occupy the whole of the land and none can exclude the others from any part of it. Unity of Interest: the interests of all joint tenants must be identical in nature, extent and duration. The terminates the joint tenancy by destroying all the unities except the unity of possession and thereby converts the estate into a tenancy in common. A joint tenancy must display the four unities: unities of possession, interest, title, and time. 1 The Right to Convey the Property Joint tenants can sell or transfer their shares to third parties without the approval or Unity of Title: Tenants must take title by the same instrument. 3. Unity of possession means that all joint tenants have a common right to possess and enjoy the property. Thus possession need not be joint, even if there is only unity of possession; the co-ownership would be a tenancy-in-common. Also termed possession unity. A joint tenancy is a type of ownership in which four unities exist: unity of title, unity of interest, unity of possession, and unity of time. Joint tenancy is distinguished by the four unities: 1. possession, 2. interest, 3. title and. There are four requirements, known as the four unities, to create a joint tenancy: Unity of interest. Previous Next. Unity of possession. For example, if a property is held by three owners, each must have a one-third interest. The paradox that sits at the heart of the joint tenancy is the fact that each joint tenant owns both a part and the whole of the subject estate. The unity of possession pertains to the right of each joint tenant to possession of the land; the right of each tenant to the land applies to each and every part of the land. Unity of time means that the interest is acquired by all of the tenants at the same time. Joint tenants can sell or transfer their shares to third parties without the approval or consent of the others. If any of the four unities is broken and it is not a joint tenancy, the ownership reverts to a tenancy in common. The key determinants of unity in this form of co-ownership are unity of title, unity of time, unity of interest and unity of possession. Unity of interest means that the interest must be the same in nature, extent and duration. Unity Of Possession. Four unities required for joint tenancy. Unity of title means that all parties must have taken ownership under the same act or instrument. Unity of possession (joint tenants must have the right of possession for the whole estate) Tenancy in common, however, requires only one unity of possession to be created. It is a type of real estate title in which more than one person possesses a share of a property, and is formed when the tenants in common have unity of possession. each tenant must have the same interest in the property in terms of extent, nature and duration. A fifth unity When one or all of the unities of time, title, and interest are destroyed the joint tenancy is severed and a tenancy in common results. Tenancy in common: Each owner owns a share. Unity of Possession: each joint tenant must have an undivided share of the property at the same time as the other joint tenants and no joint tenant is entitled to any part of it to the exclusion of the other co-owners. Unity of Title: the interests of the co-owners must be created by the same act or instrument, such as a transfer of land or a will. 4. time. Unity of Possession means that each of the co-owners has an equal right to possession of the entire property. Unity of title: All the co-owners must have the same title to the property. unity of possession The requirement that each joint tenant must be entitled to possession of the whole property. Each joint tenant must have an equal interest. Joint tenancy, however, depends upon the existence of four unities: a unity of

Tenancy in common depends upon a single unity, that of possession the right to possess common property. More Real Estate Definitons. Most importantly for our purposes, however, joint tenancy and tenancy in common both entail "unity of possession", so that in both cases, all the tenants have "undivided rights to possession of the whole of the relevant property" as against everyone else. This result follows from the rule of law that a tenancy in common requires only Unity of Time: Tenants must take possession of the property at the same time. A joint tenancy is one, when the title deed of the property works on the concept of unity by way of providing them equal share in one property.

Joint tenants obtain ownership with the same deed (Unity of title), 41. According to joint tenancy in real estate laws, when a joint tenancy is terminated, it is transformed into a tenancy in common. (Unity of interest) in the whole of the property, as opposed to just parts of it. In ajoint tenancy, there are four unities (PITT): unity of possession, unity of interest, unity oftime, and unity of title. Singapore property for rent/ sale In a joint tenancy, the characteristics of the four unities are as follows: Unity of time: All the co-owners must acquire the property at the same time. Unity of Possession means that each of the co-owners has an equal right to possession of the entire property. Unity of Possession The joint tenants must have the right to possess the property in its entirety. This second unity requires that all joint tenants acquire title by the same instrument. Unity of possession means that no co-owner is entitled to the possession of any particular part of the property to the exclusion of the other co-owner. Tenants in common share joint possession of real property.

Unity of Interest: the interests of all joint tenants must be identical in nature, extent and duration. Unity of Possession: each joint tenant must have an undivided share of the property at the same time as the other joint tenants and no joint tenant is entitled to any part of it to the exclusion of the other co-owners. Each joint tenant must have a legal right to possess, use, and enjoy the property equally. A joint tenancy must display the four unities: unities of possession, interest, title, and time. Unity of possession means that no co-owner is entitled to the possession of any particular part of the property to the exclusion of the other co-owner. This would mean that there would have to be an equal right of possession to every part and parcel of the property. Unity of Possession: Each tenant has a right to possess and enjoy the entire property even though they do not have a 100% ownership interest. The unique aspect of a joint tenancy is that as the joint tenancy owners die, their shares accrue to the surviving owner(s) so that, eventually, the entire share is held by one person. Two forms of co-ownership are recognised these are joint tenancy and tenancy in common. C.J.S.

Each owners interest must be identical in respect of duration, extent and nature.

For a joint tenancy to exist: the tenants must be party to the same agreement. A tenancy-in-common is similar to a joint tenancy in that it would require unity of possession.

Previous Next. [Cases: Joint Tenancy 1, 3. In order for property to be held as joint tenants the following for requirements must be present: 1. The four unities is concept in land law where there must be unity of possession, unity of interest, unity of time and unity of title between all the tenants under a lease, in order for a joint tenancy to exist. The interest in land in a joint tenancy is jointly owned at the same time and by the same quantum. Tenants will have unity of title if each of the tenants derive their interests in the property from the same title, for example deed or will. The Right to Convey the Property. 2 For those who are interested, both joint tenancy and tenancy in common came to depend in the law on something called unities. For a sharing arrangement to be considered a joint tenancy, it is necessary that the individuals who make up the group are associated, such that it must be possible to demonstrate or satisfy four unities [AG Securities v Vaughan,1990 1 AC 417]. One of the features of joint tenancy is that there must be presence of the four unities. [ 22 ] Unity of interest means that each owner or tenant has equal interest in the property. Joint tenancy: Each owner owns the whole. For example, two parties may receive the joint tenancy upon a deeded transfer during the grantors lifetime or through an inheritance at the grantors death. Unity of Interest. Unity of Possession. 4. Joint Tenancy Or Co-ownership | Lawyer.ie Property Law Guide Joint tenancy is distinguished by the four unities: 1. possession, 2. interest, 3. title and 4. time. 1031 Exchange (1031 tax Estates 19; Joint Tenancy 2, 4, 6C15, 38C40.] A joint tenancy arises where the so-called four unities are present: unity of time, interest, possession and title (AG Securities v Vaughan [1990] 1 AC 417). A joint tenancy is a type of ownership in which four unities exist: unity of title, unity of interest, unity of possession, and unity of time. Unity of title means that all parties must have taken ownership under the same act or instrument. Unity of interest means that the interest must be the same in nature, extent and duration. Shares may be unequal; Can dispose inter vivos or by will (succession of ownership) Joint Tenancy. Unity of Possession: Each tenant has a right to possess and enjoy the entire property even though they do not have a 100% ownership interest.

The four unities are the unity of interest, unity Also applies to TiC; Unity of title: Title must be derived from the same instrument Joint tenancy is a legal term for an arrangement that defines the ownership interests and rights among two or more co-owners of real property. There is a conveyance of land to "Harry and Hanna, as joint tenants with right of survivorship, an undivided half of Blackacre and to John and Jean, as joint tenants with right of survivorship, an undivided half of Blackacre." In addition, two tenants can be joint tenants if they together acquire title to a parcel by adverse possession. A joint tenancy requires unity of time, title, interest and possession. This is somewhat seen as the foundation of co-ownership as the property cannot be divided in a manner that would separate the property or affect the joint tenants share. A short definition of Unity of Possession: In joint tenancy, the joint tenants must have equal rights to possession. Unity of title requires that both or all parties take title through the same instruments, such as a will or a deed.

Possession by one cotenant is presumed to be possession by all.

This can be a deed, a will, a trust or any other document that can convey property. In a joint tenancy, two or more people own property together, each with equal rights and responsibilities. 2. Therefore, no joint tenant may take possession of any portion of the land, such as by sectioning off that portion of land, to the exclusion of the other joint tenants ( Meyer v Riddick (1990) 60 P & CR 50, CA). Division must be equal; Four unities in JT: Unity of possession: As noted above. Unity of title means that all owners must receive their interest/title through the same event or from the same source. Unity of title is a term used in relation to joint ownership of property. Unity of possession Both tenants must have the right to possess the whole property. In joint tenancy, the joint tenants must have equal rights to possession. Unity of Interest: Each tenant must have an equal interest in the property. Joint tenants must commit to complete and equal ownership (Unity of possession) Joint tenants all own equal shares of the property, proportionate to the number of joint tenants involved. Joint tenants enjoy the right of survi- vorship, which means that, on the death of a joint tenant, that tenants interest passes to the other joint tenant or tenants. Contributor

Where there is a joint tenancy, all the co-owners own the whole of the property collectively. Unity of Possession: each joint tenant must have an undivided share of the property at the same time as the other joint tenants and no joint tenant is entitled to any part of it to the exclusion of the other co-owners. Key features of a joint tenancy. Four unities. Unity of interest means that joint tenants hold the same interest. It is one of the requirements needed to determine that a joint tenancy exists.

the agreement must have the same start date for all parties. The law permits joint tenancy in personal property no less than in realty, thus a joint tenancy may carry on following a land sale by all joint owners because joint ownership may continue in relation to the sale proceeds: Allingham v. Allingham, [1932] VLR 469; Walker at para.

2.