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Joint Tenancy in United Kingdom

History of Joint in General

Joint (through Fr. from Lat. junctum, jungere, to join), that which joins two parts together or the place where two parts are joined. (See Joinery; Joints.) In law, the word is used adjectivally as a term applied to obligations, estates, etc., implying that the rights in question relate to the aggregate of the parties joined. Obligations to which several are parties may be several, i.e. enforceable against each independently of the others, or joint, i.e. enforceable only against all of them taken together, or joint and several, i.e. enforceable against each or all at the option of the claimant (see Guarantee).

So an interest or estate given to two or more persons for their joint lives continues only so long as all the lives are in existence. Joint-tenants are co-owners who take together at the same time, by the same title, and without any difference in the quality or extent of their respective interests; and when one of the joint-tenants dies his share, instead of going to his own heirs, lapses to his co-tenants by survivorship. This estate is therefore to be carefully distinguished from tenancy in common, when the co-tenants have each a separate interest which on death passes to the heirs and not to the surviving tenants. When several take an estate together any words or facts implying severance will prevent the tenancy from being construed as joint. (1)

Resources

Notes and References

  1. Encyclopedia Britannica (11th Edition)

See Also

Further Reading

Joint Tenancy Termination by One Tenant Case Law

  • A selected English Real Property Law Case in relation with joint tenancy termination by one tenant may be: Dacorum Borough Council v Sims [2013] EWCA Civ 12, [2013] 15 EG 106 (CA)
  • Year of the above case: 2013

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(2015, 08). Joint Tenancy lawi.org.uk Retrieved 01, 2021, from https://lawi.org.uk/joint-tenancy/

08 2015. 01 2021 <https://lawi.org.uk/joint-tenancy/>

"Joint Tenancy" lawi.org.uk. lawi.org.uk, 08 2015. Web. 01 2021. <https://lawi.org.uk/joint-tenancy/>

"Joint Tenancy" lawi.org.uk. 08, 2015. Accesed 01 2021. https://lawi.org.uk/joint-tenancy/

S. Nield, 'Joint Tenancy' (lawi.org.uk 2015) <https://lawi.org.uk/joint-tenancy/> accesed 2021 January 16

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Schema Summary

  • Article Name: Joint Tenancy
  • Author: S. Nield
  • Description: History of Joint in General Joint (through Fr. from Lat. junctum, jungere, to join), that which joins two parts together or [...]

This entry was last updated: November 26, 2016

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