6.3.1 Co-Ownership Disputes - Introduction
Welcome to the third lesson of the sixth chapter in this module guide - Disputes. This chapter will look at some of the main sources of dispute within co-ownership. The first is the idea of the right of survivorship. Joint tenants - and their successors - will each have a financial and personal interest in whether or not a deceased joint tenant has been survived by the other joint tenant(s) or whether the deceased joint tenant’s interest passes on to their named successors. This is resolved by one of two approaches: severance, or invalidity of the four unities. The second source of dispute is between tenants in common regarding their right of possession.
At the end of this section, you should be comfortable understanding the types of disputes than can occur and how these may arise.
This chapter will first discuss the right of survivorship, as well as its advantages and limitations. From here the disputes arising under severance are discussed in detail, before moving on to the issues arising from tenancies without the four unities. Finally, the common disputes between tenants in common are laid out.
Goals for this Section
- To consolidate your knowledge of severance and survivorship
- To the different disputes that may arise
Objectives for this Section
- To consolidate your understanding of the right of survivorship and severance
- To be able to identify the different types of dispute
- To understand how the different parties may be affected by said disputes
Start the Lecture
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Each lecture is also accompanied by hands on examples of problem questions for the subject. You can jump directly to the questions below: