Land Law Assignment Example | Topics and Well Written Essays - 1500 words

Land Law - Assignment Example oning in this context that the rule of joint tenancy is guided by the provision of ‘the right of survivorship’, which reflects that following the death of any of the joint owners, the other share holder(s) of the property shall withhold their ownership right with respect to the entire property as per section 33 of the Administration of Estates Act 1925. A similar judgment was given in the case of Gayton v. Kovanda 857 N.E.2d 929 (III. App. 2006), where the ownership right to the entire property was transferred to the Appellee, Mrs. Gayton, after her husband’s demise (being tenants in common), ruling that the appellant, Louis E. Kovanda, was not entitled to the benefit from ‘the right of survivorship’ on the grounds that she was Mr. Gayton’s creditor2. However, as mentioned in the case scenario, two of the five members, i.e. Bettina and Edward, each holding one-fifth of the share for the property eventually entered into the area of ‘tenancy in common’, which made the area of joint tenancy void for them. Thus, it is quite obvious that the five members shall be no more entitled to obtain the benefits of joint tenancy as per the rule of ‘the right of survivorship’. As per the legal area of ‘Tenancy In Common’, these two members are now entitled for the complete ownership of their share in the property and use it as per their will and convenience, such as deciding whether to sale the share or gift it to their heir3. To be precise, in the area of tenancy in common, following the death of any of the co-owners, it is likely that the members’ interest will be passed on to the heirs or the beneficiaries, as mentioned in the legal will of the share holders4. However, Alan, Daniel and Claude rema ined as joint tenants holding 60% of the property share in total. Herein, the dispute emphasizes Claude’s rights to interfere in Zavier’s and Ray’s possession of the property share followed by the sudden demise of Daniel and Aunt Nora’s possession of