ABSTRACT
When two parties wish to co-occupy a piece of land as co-lessees, two sets of requirements must be satisfied. First, the requirements of a valid lease. Second, the requirements imposed by the law of co-ownership. This chapter aims to examine two questions that arise as a result of the overlap of these two sets of rules: what is the nature of, and the relationship between, unity of possession (a requirement of co-ownership) and exclusive possession (a requirement of leases) in cases involving a co-owned lease (Key Question 1)? And in what circumstances can two or more parties be equitable tenants in common in respect of a lease, and what is the legal effect of this co-ownership arrangement both internally and externally (Key Question 2)? We first set out some elementary propositions concerning the nature of leases and co-ownership, for these are the bedrock of the ensuing analysis. Section II will then examine Key Question 1. Section III will explore how Key Question 2 has been, and should be, answered. Section IV concludes.
Rostill, Luke and Mrockova, Natalie, Leases and the Nature of Co-ownership (November 13, 2022), Modern Studies in Property Law: Volume 12 (Bloomsbury Publishing 2023).
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