Property Law

COMMON LAW ON PROPERTYWhen the three blood relatives contributed to dumbfound up a fund to purchase a ho workout where they limit to spicy , the three sibs had a voice tenancy . The utter contribute was purchased by the m onenessy contributed by the blood relations with the intention that they result own the house in crude . The blood relatives several(prenominal)ly bring on no definite packet in the house . The use and occupancy in the said house is non exceptional to a specific portion but to for each one one whitethorn use the entire house as if the house is his or her ownAt first , no faith sexual intercourse existed among the parties as each one of them was the registered owner of the single nursing home . There is and no beneficial ownership being held by any(prenominal) third person as the names of ea ch sibling were inscribed in the Certificate of Title . No self-assurance was created nor existed but the Certificate of Title simply showed the real piazza relation which was a joint tenancy . Each sibling obtained in common an absolute freehold fig of address over the aspersion . This simply shows that their ownership over the home is absolute and acquire . Hence , under the Land Registration Act , in particular Section 9 , subsection 3 , the title to that of each of the siblings are protected , free from any reverse unless subsequently cancelled . Each sibling is proprietor to their several(prenominal) shareThe sale of Bob to Stephen would not have been valid had not the siblings go fored to the same . Under the joint tenancy regime , a joint tenant is not allowed to sell the property without the consent of other co-owners . While express consent of the other siblings was not shown by the facts of the case , the same can be implied from in this as the other sib lings allowed and consented that Stephen can! stay and live in the property .

Hence , there is transfer of cheer of one joint tenant however the said conveyance of much(prenominal) interest was not duly registered and indicated in the Certificate of TitleThe slickness of Stephen in the property regime is that of a beneficiary He merely holds beneficial ownership over the property in consonance with the Land Registration Act . He is not the one of the registered owner as the Certificate of Title book of account binding the said property has not been properly cancelled so as his name will be include thereto as one of the owners of the propertyThe property relation of the parties w as afterward reborn to that of common tenancy . This was when the joint tenancy was break up by Amy by serving her notice to Carla , also one of the co-owners of the property The co-ownership remained existing but not already in its professional form but already in the form of a tenancy in common . Tenancy in common has no right of survivorship , which means that upon death of a co-owner , her rights , interests , share , and participation over the subject property is mechanically transferred by operation of law to other co-owners , and not to his heirs and successors...If you loss to make up a full essay, order it on our website: BestEssayCheap.com

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