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.


Disclaimer: This document is not to be taken as legal advise.

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