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Joint Tenancy and Tenancy in Common (Draft)

Mugambwa, J.T. (1994) Joint Tenancy and Tenancy in Common (Draft). The Law Reform Commission of Western Australia, Perth, Western Australia.

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Joint tenancy and tenancy in common are for all intents and purposes the only means of co-ownership of real or personal property in Western Australia. Joint tenants hold the whole property jointly and nothing separately. Tenants in common, on the other hand, have a distinct share in the property. There are two essential features that distinguish a joint tenancy from a tenancy in common. The first feature is the right of survivorship: upon the death of one joint tenant his interest in the property is extinguished and the interest of the surviving joint tenants is correspondingly enlarged. Upon the death of a tenant in common his interest in the property passes under his will or intestacy. The second feature is the presence of four unities: in order for there to be a joint tenancy there must be unity of title, interest, time and possession. Although the four unities may be present in a tenancy in common, the only unity which is essential is unity of possession.

Publication Type: Report
Murdoch Affiliation: School of Law
Series Name: Project (Law Reform Commission of Western Australia) No. 78
Publisher: The Law Reform Commission of Western Australia
Copyright: The Law Reform Commission of Western Australia
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Notes: From the Final Report "A draft of this Report was prepared with the special assistance of Dr J Mugambwa LLB (Hons) (Makerere), LLM (Yale), PhD (Australian National University), Senior Lecturer in Law in the Law School at Murdoch University. The Commission is much indebted to him for his valuable work on the Draft Report."
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