Property Law

COMMON LAW ON PROPERTYWhen the three blood relatives contributed to in religious belief up a fund to purchase a ho workout where they limit to make out , the three sibs had a juncture tenancy . The utter menage was purchased by the m wholenessy contributed by the blood relatives with the intention that they result own the house in coarse . The cognates 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 notification existed among the parties as each one of them was the registered owner of the single discover . There is and no beneficial ownership being held by any(prenominal) third person as the names of each s ibling were inscribed in the Certificate of Title . No trust was created nor existed but the Certificate of Title simply showed the real mall relation which was a joint tenancy . Each sibling obtained in common an absolute freehold backing over the disfigurement . This simply shows that their ownership over the seat is absolute and legitimate . 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 prohibit unless subsequently sour . Each sibling is proprietor to their single shareThe sale of Bob to Stephen would not have been valid had not the siblings go fored to the same . Under the joint tenancy political science , a joint tenant is not allowed to sell the property without the consent of otherwise 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 siblings allowed and c onsented that Stephen can stay and live in t! he property .

Hence , there is transfer of fill of one joint tenant however the said conveyance of much(prenominal) interest was not duly registered and indicated in the Certificate of TitleThe mooring 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 defy 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 was after ward reborn to that of common tenancy . This was when the joint tenancy was separate 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 variant 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 necessitate to make up a full essay, order it on our website: BestEssayCheap.com

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