Joint Tenancy

Joint Tenancy in Europe

Definition of Joint Tenancy

The ownership of land in common by several persons where there is a right of survivorship, i. e., where on the death of one joint owner the land as a whole vests in the survivors, and can only be disposed of by will by the last surviving owner. Every joint tenant is seised or possessed of the joint property per my et per tout, that is, by every part and by the whole. The four unities of joint tenancy which must exist, or the tenancy will be in common, are:
(1) Possession. Each joint tenant must be entitled to the possession of the whole of the land
(2) Interest. Each joint tenant must have the same estate or interest in the land
(3) Title. Each joint tenant must have the same title, i. e., take in virtue of the same instrument
(4) Time. Each joint tenant must have an estate for the same time. By section 36, Law of Property Act, 1925, where a legal estate, not being settled land, is beneficially limited to, or held in trust for, any persons as joint tenants, it shall be held on trust for sale. See Morley v. Bird

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Joint Tenancy Joint Tenancy in the International Legal Encyclopedia.
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Definition of Joint Tenancy is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.

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