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Land law question wording in co-ownership problem?

" Taking it as joint tenants at law holding for themselves as joint tenants in equity. "

Does this mean that the joint tenancy is beneficial or legal?

Thanks in advance!
is the use of the words in equity the same as interest?
Original post by Ketchuplover
" Taking it as joint tenants at law holding for themselves as joint tenants in equity. "

Does this mean that the joint tenancy is beneficial or legal?

Thanks in advance!


Original post by Ketchuplover
is the use of the words in equity the same as interest?


Probably best to wait a few hours before bumping the thread - you'll already be near the top since your thread was posted recently, so it doesn't actually encourage anyone to read yours any sooner. :wink:

It's hard to explain, but A and B are joint tenants at law because they are both legal owners of the property. Each holds the property on trust for the other, so they're also both "beneficial owners" (i.e. they have equitable interests). Generally the interests in a joint tenancy are equal, i.e. each co-owner has a 50% share here, although I'm not sure off the top of my head if it's possible to rebut this presumption by specifying different proportions in the transfer document.

In terms of your second question, which seems to be discrete (rather than relating to the sentence you're unclear on), "interest" does not necessarily mean an equitable interest. The registered proprietor of a plot of land will have a "legal interest" in it. "Interest" on its own doesn't tell you very much.

I appreciate it's difficult, but try not to get too bogged down in the minutiae of joint tenancies and tenancies in common, otherwise you'll end up tying yourself in knots. Just remember the key features of each, and generally the most obvious conclusion on the facts of the problem question is the right one.

What's the question you're stuck on?

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