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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