Ways in Which Land Can be Held

Introduction

When two or more people own land together they are **co-owners**. English law recognises two forms of co-ownership: the **joint tenancy** and the **tenancy in common**. This chapter — part of **Unit 4: Co-ownership and Trusts** — explains the fundamental distinction between the two (both **at law** and **in equity**), the **four unities**, equity's **presumptions** in favour of a tenancy in common, the **rule of survivorship** (*ius accrescendi*), the various methods of **severing** an equitable joint tenancy, and the statutory framework of the **trust of land** under the **Trusts of Land and Appointment of Trustees Act 1996 (TLATA 1996)**.

Assessment focus

Co-ownership is a **heavily tested SQE1 FLK2 topic**. You must understand the differences between **joint tenancy** and **tenancy in common** (at law and in equity), the **rule of survivorship**, how and when a joint tenancy can be **severed**, and the statutory framework of the **trust of land** under TLATA 1996. Scenario questions typically require you to determine **whether co-owners hold as joint tenants or tenants in common**, and **what happens when one co-owner dies or wishes to sever**.

Study tips

1) Memorise the **four unities** — **possession, interest, title, time** — all required for a joint tenancy; only **unity of possession** for a tenancy in common. 2) Always **separate the position at law from the position in equity**: at law co-owners **must** hold as joint tenants (**max four**); in equity they may hold either way. 3) An **express declaration of trust is conclusive** (**Goodman v Gallant** [1986]). 4) Learn the **five methods of severance** and remember severance affects **equity only**. 5) Note **survivorship overrides a will** — a joint tenant cannot leave their share by will.