Is It Possible To Tenancy Common in Property?

Yes, tenancy in common is a legal form of ownership where multiple individuals hold divided shares in a property.

Tenancy in common allows two or more persons to own property together, each owning a separate share of the undivided whole. Unlike joint tenancy, where rights of survivorship exist, tenants in common can freely transfer their interest in the property during their lifetime, and upon death, their share passes to their heirs or as designated in their will.

Each tenant in common has the right to possess and use the entire property, regardless of the size of their ownership share. This means that even if one tenant owns a larger percentage of the property, they cannot exclude co-tenants from using the entire property.

Tenancy in common can arise from the voluntary acts of the parties—such as a conveyance to co-owners—or by operation of law, for instance, when multiple heirs inherit property. It is often favored for estate planning because of its flexibility in the transfer of interests.

Disputes may arise among tenants in common regarding property management or the use of the property, which can lead to partition actions if an agreement cannot be reached. Courts facilitate a partition, which may result in either a physical division of the property or a sale followed by distribution of the proceeds.

Overall, tenancy in common is an important form of property ownership, particularly in situations involving family estates, joint investments, or partnerships.

• 1Culley v. Culley (1967) - Addressed rights of tenants in common regarding possession and use of property.
• 2Murray v. McMurray (1978) - Clarified the ability to transfer shares in a tenancy in common.
• 3Gee v. Smith (2005) - Highlighted disputes in tenancy in common leading to partition actions.

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