1. Joint tenants
   1. Treated as one person
   2. Right of survivorship
   3. Cannot leave their share in will
2. Tenants in common
   1. Undivided shares
   2. Share falls into estate on death
   3. Shares may be equal or unequal
3. Ascertaining ownership of equitable interest
   1. Four unities
      1. Unity of interest
         1. Co-owners must have same interest in land
         2. Shares may be different
      2. Unity of title
         1. Must receive interest under same document
      3. Unity of time
         1. Interests must vest at same time
      4. Unity of possession
         1. Each must be entitled to whole and not entitled to exclude other
      5. If all four unities present, may be either joint tenancy or tenancy in common
      6. Only unity of possession requried for tenancy in common
   2. Express declaration
      1. Express declaration is conclusive
         1. Goodman v Gallant [1986]
   3. Words of severance
      1. Contained in conveyance
      2. Any words indicating intention to hold separate shares
      3. e.g. equally, in equal/unequal shares, among
   4. Presumption
      1. Does equity presume a tenancy in common?
      2. Three situations
         1. Partnership property
         2. Where more than one lender lends money
         3. Unequal contributions to purchase price
   5. If four unities present, and none of 2, 3 or 4 apply, law assumes joint tenancy
4. Sale by co-owners
   1. Two or more co-owners
      1. Purchaser overreaches by paying to both legal owners
   2. Sole surviving joint tenant
      1. Purchaser should insist on appointment of second trustee
      2. Ensures overreaches interests if joint tenancy was severed
      3. Additional protection
         1. Unregistered titles
            1. s1 Law of Property (Joint Tenants) Act 1964
            2. If there is a memorandum of severance
            3. Second trustee required
            4. If no memorandum
            5. Land charges search for bankruptcy
            6. Second trustee required
            7. Conveyance to purchaser contains statement from seller that he is solely and beneficially entitled
            8. Second trustee not required
         2. Registered titles
            1. If no restriction on proprietorship register
            2. Can assume are joint tenants
            3. Can safely buy from survivor
            4. Provided no overriding interest Sch3 p2 LRA 2002
5. Severance of joint tenancy
   1. s36(2) LPA 1925
      1. Notice in writing
      2. Showing correct intention
         1. Immediate not in future
      3. Notice correctly served
         1. On all other joint tenants
         2. In person
         3. By leaving at last known address
         4. By registered post and recorded delivery
      4. May be possible to withdraw before served
         1. Kinch v Bullard
   2. Common law
      1. Act of any joint tenant operating on his share
         1. E.g. sale or mortgage
         2. Also bankruptcy
         3. But not gift in will
         4. Destroys unities
      2. Mutual agreement
         1. Expressly agree to sever
         2. Or agree to deal with land in a certain way
      3. Any course of dealing by the joint tenants showing should be treated as tenancy in common
         1. As long as intention is clear
      4. Williams v Hensman (1861)
   3. Forfeiture
      1. Where one co-owner kills another
      2. Legal estate passes to murderer
      3. But hold on trust for self and victim's estate
   4. Effect of severance
      1. Severing joint tenant takes share as tenant in common
      2. Each co-owner takes an equal share
      3. If more than two owners, other remain as joint tenants
      4. Severance should be recorded
         1. Registered land
            1. Restriction placed on register
         2. Unregistered land
            1. Memorandum of severance placed on conveyance to co-owners
6. Equitable interest
   1. Either as joint tenants
      1. No restriction on register for registered land
   2. Or tenants in common
      1. Restriction placed on proprietorship register
7. Legal estate
   1. Must be held as joint tenants
   2. Implied trust of land