Nature of Co-Ownership Co-ownership arises when more than one person owns the same estate, interest or title in land. Together, the co-owners own the estate in land collectively. There are two principal forms of co-ownership, namely joint tenancy and tenancy in common. In this context, the use of the word “tenancy” does not imply that the owners hold as tenants […]
Relationship of Co-owners Unity of possession is one of the key elements of co-ownership. It follows that each co-owner is entitled equally to the possession and use of the property. The long-standing common law position is that one co-owner can occupy the entire property, to the exclusion of the others. Other co-owners who have not exercised like rights, do not […]
Agreements Co-owners may enter a co-ownership or partnership agreement. It appears that co-owners may be precluded by contract or estoppel from exercising the right to apply to court for partition, sale etc. Traditionally, it was held that co-ownership agreements could displace the statutory power to order partition and/or sale. However, there are different opinions as to the extent to which […]
Partition by Mortgagor I A co-owner may apply for partition or sale notwithstanding that the property is mortgaged. However, it is a basic principle that partition will not be ordered to the prejudice of a third party, including a mortgagee. If the mortgagee does not consent, the mortgage must be redeemed or the property may be ordered to be sold, […]
Nature of Partition Partition refers to the physical division of land, such that each co-owner becomes the owner of a part in satisfaction of his or her former share of the whole. The partition of land can take place by agreement. Partition may also arise on the basis of estoppel or any other mechanisms by which persons agree to acquire […]
Apartment Development In the case of apartments, the common areas comprise not only the internal common hallways, the stairwells and the external shared gardens and facilities but crucially the physical structure of the building including the structural and loadbearing part, roofs and foundations. In apartments and other multi-unit developments, the actual area in the exclusive ownership of each apartment owner […]
Application The Multi-unit Developments Act provides for mandatory rights and obligations in relation to residential multi-unit developments. It applies to residential apartment blocks, where the structural parts and the internal and external common areas are, of necessity, managed in common. It applies to housing developments, with private facilities such as open spaces, roads, lighting or other facilities. It applies to […]