Joint Tenancy is the one in which two or more persons own the land with identical interests in the whole of it. Under the joint tenancy the right of survivorship applies i.e. the ownership of entire interest in the property passes automatically on the death of one joint tenant to the survivors. The last survivor becomes the sole and absolute owner. And as regards to tenancy in common, there is equitable ownership of land by two or more persons in equal or unequal undivided shares. Under this tenancy, each co-owner may sell or dispose of his share by will. There is no right of survivorship i.e. a share does not pass automatically on the death of tenant in common to survivor(s).
NB: Joint tenancy arises when the following four conditions exists:
i). Each joint tenant must be entitled to possession at the same time.
ii). The estate or interest each has in land must be identical i.e. each joint tenant is entitled to the whole of property and has no excusive entitlement to any separate part of it.
iii). Each joint tenant have the same title to the land i.e. their ownership must be traced from the same instrument, such as a conveyance to ‘A” and ‘B’ as joint tenant.
iv). Each joint tenant’s interest must vest at and subsist for the same time.
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