LAWS 205 - co-ownership-rights of co-owners

Front

What is a right that co-owners have? Give an example of a co-owner excercising this right.

Back

A co-owner is entitled to annihilate his/her interest in the property by for example leasing their interest to a third party.

Front

Can courts restrict a co-owners right to alienate his/her interest? Why/why not?

Back

In the case of Elton, the court held that a partial restraint on alienation can be imposed, if the result of a co-owner exercising his right of alienation would be detrimental to a shared objective that is express or implied between the co-owners due to a documented or oral agreement. 

Front

What did justice Young say about terms in the joint tenancy agreement that prohibit a co-owner from excercising his/her right of alienation?

Back

If a term in the joint tenancy agreement expressly prohibits a co-owner from exercising his/her right to alienation then the court may order that term to be severed. Even if severence is contrary to the intentions of the parties, the court can still hold that such a provision alienating a co-owners right of alienation is legally null.

Front

What is voluntary partition?

Back

Voluntary partition is partition with the documented consent of all the co-owners.