Four Unities in Land Law?
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In land law, the concept of the four unities refers to the requirements for creating a joint tenancy, a form of co-ownership of property. To create a joint tenancy, four essential elements, known as the four unities, must be present.
Unity of possession: All co-owners must have an equal right to possess the entire property. This means that each owner has an undivided interest in the whole property rather than a specific portion or share.
Unity of interest: Each co-owner must hold an equal and identical share or proportion of ownership in the property. For example, if there are two joint tenants, each must have a 50% interest.
Unity of time: The co-owners must acquire their interests in the property at the same time. This unity ensures that all joint tenants have an equal starting point in terms of ownership duration.
Unity of title: The co-owners must acquire their interests in the property through the same instrument or document, such as a deed or will. This unity ensures that the creation of the joint tenancy is clear and unambiguous.
If any of these four unities is not present, a joint tenancy is not formed. Instead, the co-ownership arrangement may default to a tenancy in common, which does not require these unities and allows for unequal shares and separate possession of specific portions of the property.
Unity of possession: All co-owners must have an equal right to possess the entire property. This means that each owner has an undivided interest in the whole property rather than a specific portion or share.
Unity of interest: Each co-owner must hold an equal and identical share or proportion of ownership in the property. For example, if there are two joint tenants, each must have a 50% interest.
Unity of time: The co-owners must acquire their interests in the property at the same time. This unity ensures that all joint tenants have an equal starting point in terms of ownership duration.
Unity of title: The co-owners must acquire their interests in the property through the same instrument or document, such as a deed or will. This unity ensures that the creation of the joint tenancy is clear and unambiguous.
If any of these four unities is not present, a joint tenancy is not formed. Instead, the co-ownership arrangement may default to a tenancy in common, which does not require these unities and allows for unequal shares and separate possession of specific portions of the property.