“Alexander (24), Chandler (22), Maya (20), Naveed (20) and Saffron (18) are siblings living in London. Tragically their parents were killed in a car accident two years ago and the brothers and sisters were left the property in their parents Wills. The property was conveyed to all five of them jointly. About a year after the accident Alexander was struggling with the pressures of bringing up his brothers and sisters and turned to drink and gambling. He started to get into financial difficulties and two months ago was declared bankrupt. Chandler recently finished his University course in Manchester and decided to stay there and buy a property with his girlfriend. He needed to raise some money for a deposit and so decided to offer his share in the property to Naveed and Saffron. He wrote to them both, addressing the letter to them at the house, and left it on the dining room table. In the letter he explained that the house had recently been valued by an estate agent at 500,000 and asked if either of them wished to buy him out. Before Naveed and Saffron had a chance to read the letter Maya found it and recognising Chandlers handwriting decided to open it. She was furious when she saw that her brother had offered his share in the property to Naveed and Saffron and not her. Maya decided to confront her brother and found him upstairs in the house. They got into an argument and Chandler decided to walk away from Maya, which infuriated her even more, and she pushed Chandler down the stairs, killing him. Maya was arrested and is currently awaiting trial for murder but wants to return to live at the property on her release. Naveed was so upset by what his twin had done that he decided he too wanted to sell his share in the property. He approached Saffron to see if she wished to buy him out. Saffron said she would have to think about it as she had only just got a full time job and was not sure she could afford it. Saffron said she would make an appointment with her bank to discuss financing buying him out and come back to Naveed with an answer; they could then negotiate the price. Sadly Saffron was hurt last week in an accident at work and has since died. On sorting out her personal belongings Naveed found a Will in which she left all of her property to her girlfriend, Emma. Naveed was not happy about this as the family has always viewed Emma as a bad influence on Saffron. Naveed is unsure who owns the property and in what shares so would like advice on this. He is also unsure what will happen to the property now. Please advise all of them as to their shares in the property and whether the house will have to finally be sold.”

In order to advise the parties as to how the shares in the property are held and whether it will need to be sold, the starting point is to ascertain the nature of the ownership. There are two potential methods of owning property; as joint tenants or tenants in common, with an important difference existing between the two.

Where property is held by joint tenants, the doctrine of survivorship (or jus accrescendi) applies. The result of this is that all joint tenants own the whole of the land collectively, but do not each own a specific share, with the effect that when one dies the land automatically passes to all of the remaining joint tenants ahead of any attempted testamentary dispositions by the deceased joint tenant; the other joint tenants, in effect, already own the whole of the land . Where owners own as tenants in common, each is in possession of an undivided share of the proper…(short extract)

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