Section 91 of Land Registration Act 2012: Meaning and incidents of co- tenancies
(1) In this Act, co-tenancy means the ownership of land by two or more persons in undivided shares and includes joint tenancy or tenancy in common.
(2) Except as otherwise provided in this Act, if two or more persons, not forming an association of persons under this Act or any other way which specifies the nature and content of the rights of the persons forming that association, own land together under a right specified by this section, they may be either joint tenants or tenants in common.
(3) An instrument made in favour of two or more persons and the registration giving effect to it shall show—
(a) whether those persons are joint tenants or tenants in common; and
(b) the share of each tenant, if they are tenants in common.
(4) If land is occupied jointly, no tenant is entitled to any separate share in the land and, consequently—
(a) dispositions may be made only by all the joint tenants;
(b) on the death of a joint tenant, that tenant’s interest shall vest in the surviving tenant or tenants jointly; or
(c) each joint tenant may transfer their interest inter Vivo's to all the other tenants but to no other person, and any attempt to so transfer an interest to any other person shall be void.
(5) If any land, lease or charge is owned in common, each tenant shall be entitled to an undivided share in the whole and on the death of a tenant, the deceased’s share shall be treated as part of their estate.
(6) No tenant in common shall deal with their undivided share in favour of any person other than another tenant in common, except with the consent in writing, of the remaining tenants, but such consent shall not be unreasonably withheld.
(7) Joint tenants, not being trustees, may execute an instrument in the prescribed form signifying that they agree to sever the joining ownership and the severance shall be complete by registration in the prescribed register of the joint tenants and tenants in common.
(8) On and after the effective date, except with leave of a court, the only joint tenancy that shall be capable of being created shall be between spouses, and any joint tenancy other than that between spouses that is purported to be created without the leave of a court shall take effect as a tenancy in common.
Enhance Your Research with Bookmarks and Annotations
Here's how you can use these features:
- To bookmark this page, click the "Bookmark this Page" button below the document title.
- To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
- These features are great for organizing your research and keeping track of key information.
- You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.
- Section 92 - Certificate of ownership of co- tenants
1) Each co-tenant of land shall be entitled to receive a copy of the certificate of title of that land.
(2) The Registrar, on application by co-tenant in the prescribed form, shall issue a copy of...
- Section 93 - Co-ownership and other relationships between spouses
(1) Subject to the law on matrimonial property, if a spouse obtains land for the co-ownership and use of both spouses or, all the spouses—
(a) there shall be a presumption that the spouses shall...
- Section 94 - Partition
(1) Any of the tenants in common may, with the consent of all the tenants in common, make an application, in the prescribed form, to the Registrar for the partition of land occupied in common and...
- Section 95 - Ancillary powers of Registrar in connection with partition
(1) If the land sought to be partitioned is capable of being partitioned generally, and the tenants in common have agreed on the partition, but the resultant share of any particular tenant would be...
- Section 96 - Sale of co-owned land
(1) If for any reason the land sought to be partitioned is incapable of being partitioned, or the partition would adversely affect the proper use of the land, and the applicant for partition or one or...
- Section 97 - Partition subject to lender’s consent
(1) If any undivided share in land or a lease held by tenants in common is subject to a charge, a partition of that land or lease shall not be registered by the Registrar unless the lender’s written...
- Section 98 - Creation of easement
1) An owner of land or a lessor may, by an instrument in the prescribed form, grant an easement over the land, lease or a part of that land to the owner of another parcel of land or a lessee for the...
- Section 99 - Cancellation and extinguishment of easements and analogous rights
(1) Subject to subsection (3), an easement granted or an analogous right created under this Part may be cancelled by the person occupying the dominant land.
(2) Any cancellation pursuant to...
- Section 100 - Enjoyment of easement and analogous rights
(1) The benefit of an easement, or an analogous right granted under this Part shall be enjoyed, during the term of its existence, by the owner of the dominant land, any successors in title and...
- Section 101 - Jurisdiction of court
The Environment and Land Court established by the Environment and Land Court Act, 2011 No. 19 of 2011 has jurisdiction to hear and determine disputes, actions and proceedings concerning land under...
- Section 102 - Fees
(1) The Cabinet Secretary may prescribe the rates of fees payable for any matters in respect of which, by this Act, prescribed fees are required to be paid by any person and shall keep such fees under...
- Section 103 - Offences
(1) A person who—
(a) knowingly makes a false statement, orally or in writing, in connection with a disposition or other transaction affecting land or any other matter arising under this Act,...
- Section 104 - Saving registers under repealed laws
(1) A register maintained under any of the repealed Acts shall, on the commencement of this Act, be deemed to be the land register for the corresponding registration unit established under this...
- Section 105 - Transiting title documents
(1) On the effective date, the following provisions shall apply in respect of every parcel of land, the title to land which is already registered under the repealed Acts—
(a) if the title to a parcel...
- Section 106 - Transitional provisions on rights, liabilities and remedies of parties over land
(1) On the effective date, the repealed Acts shall cease to apply to a parcel of land to which this Act applies.
(2) Nothing in this Act shall affect the rights, liabilities and remedies of the...
- Section 107 - Savings and transitional provisions with respect to rights, actions, dispositions
(1) Unless the contrary is specifically provided for in this Act, any right, interest, title, power, or obligation acquired, accrued, established, coming into force or exercisable before the...
- Section 108 - Saving and transitional provisions with respect to rules, orders, regulations, directions, notices forms, notifications orders e.t.c.
Until the Cabinet Secretary makes the regulations contemplated under section 110, any rules, or other administrative acts made, given, issued or undertaken before the commencement of this Act under...
- Section 109 - Repeals
The written laws set out in the Schedule are repealed.
- Section 110 - Regulations
1) The Cabinet Secretary shall make regulations prescribing anything which may be prescribed under this Act generally and for the better carrying into effect the purposes and provisions of this Act...