Irish Land Law - Co-Ownership

Front 1

Joint Tenancy

Back 1

Right of Survivorship :
When one of the joint tenants die, the remaining tenants split the property between them. The issue of the deceased does not inherit a right to the property.

Four Unities :
- possession
- interest
- title
- time
-- O'Hea v Slattery : children do not have to be born at the time to qualify as being part of the class

Common law prefers this.
The Registration of Title Act 1964 creates a presumption towards joint tenancies.

Front 2

Tenancy in Common

Back 2

There is one unity.
There is a distinct and undivided share.
- this means that there is no right of survivorship
- when one tenant dies, their successor's inherit their share.

Equity prefers this.

Front 3

Severance of a Joint Tenancy

Back 3

Converting a joint tenancy into a tenancy in common
- partition ends all co-ownership
- creating distinct shares
- done inter vivos (not through testamentary disposition)

At common law :
- destruction of the unity of interest or the unity of title
- cannot be done through a judgement mortgage
- cannot be severed without consent
- technical

At equity :
- more flexible because it initially didn't favour the joint tenancy
- by agreement of the tenants
- by acting as though it was already severed

Front 4

Termination of a Joint Tenancy / Tenancy in Common

Back 4

Union in a sole tenant

Partition
- division of the property
- consent is of utmost importance

Court Order
- s31 of the LCLRA 2009
- the courts generally regulate disputes in this area since the enactment of the 2009 Act.

Benefits received have to also be proportionate