Define: Co-Ownership Of Land

Co-ownership of land refers to the situation where two or more individuals or entities share ownership rights to a property simultaneously. There are several forms of co-ownership, including joint tenancy, tenancy in common, and tenancy by the entirety, each with its own characteristics and legal implications. In joint tenancy, co-owners have equal and undivided interests in the property, with rights of survivorship, meaning that if one owner dies, their share automatically passes to the surviving owner(s). Tenancy in common allows co-owners to have individual, undivided shares in the property, which they can transfer or devise to heirs upon their death. Tenancy by the entirety is a form of co-ownership available to married couples, where each spouse has an equal and undivided interest in the property, and neither can unilaterally sever their interest without the other’s consent. Co-ownership of land can provide benefits such as shared expenses, increased purchasing power, and flexibility in managing property, but it also entails responsibilities, including joint liability for debts and obligations related to the property. Disputes and issues regarding co-ownership of land are typically resolved through legal mechanisms such as partition actions or agreements among the co-owners.

Like anything else that can be owned, land can be owned by more than one person at a time. Strictly speaking, of course, it is an interest in land that is owned, not the land itself. In England and Wales, it is not possible for a private citizen to ‘own’ land as such.

When we speak of co-ownership, we normally mean co-ownership of the same interest in the land. The term is not normally used to mean, for example, the relationship between a landlord and a Leasehold tenant. These people are, in some sense, joint owners of the land, but they have different interests in the land. If two people both inherit a house from a person’s Will, then they become co-owners. The complexity lies in the nature of the co-ownership — there are a number of different forms, each with its own principles.

Since 1926, English law has only recognized one form of co-ownership: the joint tenancy. However, joint tenancy implies a strict equivalence of the interests of each co-owner. The owners do not have ‘shares’ in the land that they can deal with independently. This is often appropriate in, for example, husband-and-wife arrangements, but probably not for business or commercial ownership. In such cases a tenancy in common might be preferred, where each co-owner has a separate, identifiable share; but this form of co-ownership is not recognized as legal. Consequently, a Trust is needed to give effect to a tenancy in common.

Although the only form of legal joint ownership that can now be created is a joint tenancy, some joint ownerships governed by archaic principles of co-ownership — such as Co parceny and Tenancy by entireties — are still lingering around.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.