Ownership of property may seem like an easy subject but it is really a complex matter. The real estate law recognizes very many types of ownership. Each type is referred to as tenancy program and there are quite a few. This may be particularly useful to those who want to venture in the real estate business whether buying or selling property. Knowing this will help you understand what to expect in your real estate ventures.
One type of property ownership is shared version tenancy or joint tenancy. Two or more people must own property at the same time and in equal shares. Furthermore,the four types of unity must be present for this type of ownership to exist. The units include interest, possession, time and title. It is strictly necessary that all units must be in line
Interest to a piece of property from both parties should be similar for joint ownership to take place. This is the unity of interest. One individual cannot for example want to sell property while another has the interest of loaning the same property. They all have to be on the same page for unity of interest to be valid.
Joint ownership also has to comply with the unity of time. As the name suggest, individuals must have acquired their share of the property at the same time. For example if a person acquires an apartment then a month later gives half his share to another, they cannot receive the same title for the apartment. They will be tenants in common instead.
If owners of a certain piece of property acquired a document stating the ownership of property by the same instrument, the unity of title is said to exist. This documents can be deeds, wills, trusts or any document showing ownership. Additionally individuals can become joint owners if they acquire a title to a parcel by adverse possession.
Unity of possession requires each joint owner to assume the right to posses the property as a whole. This means in the event one of the owners perishes, the other will assume the other interest automatically and can treat the property as his/her own. In addition, property cannot be sold without the consent of the all the owners.
Sole ownership is another type of ownership where one has full authority over their property. Tenants in common is also a type of ownership where multiple individuals own property. Should one die, interests and ownership are transferred to beneficiaries in wills making it different from joint ownership.
Other forms of ownership include tenancy in eternity where the owners are husband and wife. Here, neither spouse can sell property without the consent of the other and if one dies the other assumes their interest automatically. It differs with community ownership, where every spouse has a different beneficiary in the event the die. All types of ownerships are based on present interests and rights. Future interests may exist and come into effect based on a contingency such as wills.
One type of property ownership is shared version tenancy or joint tenancy. Two or more people must own property at the same time and in equal shares. Furthermore,the four types of unity must be present for this type of ownership to exist. The units include interest, possession, time and title. It is strictly necessary that all units must be in line
Interest to a piece of property from both parties should be similar for joint ownership to take place. This is the unity of interest. One individual cannot for example want to sell property while another has the interest of loaning the same property. They all have to be on the same page for unity of interest to be valid.
Joint ownership also has to comply with the unity of time. As the name suggest, individuals must have acquired their share of the property at the same time. For example if a person acquires an apartment then a month later gives half his share to another, they cannot receive the same title for the apartment. They will be tenants in common instead.
If owners of a certain piece of property acquired a document stating the ownership of property by the same instrument, the unity of title is said to exist. This documents can be deeds, wills, trusts or any document showing ownership. Additionally individuals can become joint owners if they acquire a title to a parcel by adverse possession.
Unity of possession requires each joint owner to assume the right to posses the property as a whole. This means in the event one of the owners perishes, the other will assume the other interest automatically and can treat the property as his/her own. In addition, property cannot be sold without the consent of the all the owners.
Sole ownership is another type of ownership where one has full authority over their property. Tenants in common is also a type of ownership where multiple individuals own property. Should one die, interests and ownership are transferred to beneficiaries in wills making it different from joint ownership.
Other forms of ownership include tenancy in eternity where the owners are husband and wife. Here, neither spouse can sell property without the consent of the other and if one dies the other assumes their interest automatically. It differs with community ownership, where every spouse has a different beneficiary in the event the die. All types of ownerships are based on present interests and rights. Future interests may exist and come into effect based on a contingency such as wills.
No comments:
Post a Comment