# Co-ownership of land: joint tenancy and tenancy in common

> **Key takeaway:** Legal title: joint tenancy only. Equity: JT (survivorship) or TIC (shares). Express declaration usually conclusive (Goodman v Gallant). Severance: s.36(2) notice / Williams v Hensman. Sale/occupation: TOLATA ss.14–15. Domestic quantification: Stack/Jones where no conclusive declaration.

- **Jurisdiction:** England & Wales
- **Practice area:** Property
- **Last reviewed:** 2026-08-04
- **Interactive page:** https://kttclegal.info/library/notes/Property/co-ownership-land
- **Keywords:** co-ownership, joint tenancy, tenancy in common, severance, survivorship, TOLATA, Goodman v Gallant, Williams v Hensman, beneficial ownership

## What is this about?

Where two or more people own land together, English law distinguishes legal title (which, if joint, must be a joint tenancy — LPA 1925 s.1(6)/s.34–36 structure) from beneficial ownership in equity, which may be joint tenancy or tenancy in common. The distinction drives survivorship, severance, and sale under TOLATA 1996.

## What is the core rule?

Legal title to land cannot be held by tenancy in common; co-owners hold the legal estate as joint tenants on trust (overreaching structure). In equity, co-owners may be joint tenants (right of survivorship; four unities) or tenants in common (undivided shares; no survivorship). A beneficial joint tenancy may be severed inter vivos, converting the severing party's interest into a tenancy in common share (Williams v Hensman methods; notice in writing under LPA 1925 s.36(2)). Disputes about sale and beneficial shares are commonly resolved under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).

## What are the elements or test?

1. Who holds legal title, and is it registered in joint names?
2. What is the beneficial ownership: joint tenancy or tenancy in common (express declaration is decisive if comprehensive — Goodman v Gallant)?
3. If no valid express declaration: apply common-intention / Stack–Jones analysis for domestic homes, or resulting-trust reasoning where still appropriate
4. Has a beneficial joint tenancy been severed (written notice s.36(2), mutual agreement, course of dealing)?
5. If sale or occupation dispute: TOLATA ss.14–15 applications and factors

## Which authorities matter?

- **Law of Property Act 1925, ss.1(6), 34–36** — Statutory framework forcing joint legal title and regulating severance notice for beneficial joint tenancies.
- **Williams v Hensman (1861) 1 J & H 546** — Classic three methods of severance of a joint tenancy in equity.
- **Goodman v Gallant [1986] Fam 106** — An express declaration of beneficial interests in the conveyance is generally conclusive between the parties.
- **Trusts of Land and Appointment of Trustees Act 1996, ss.14–15** — Court powers to order sale or regulate exercise of trustees' functions; factors to be considered.

## How does this apply in practice?

Family-home quantification overlaps with the constructive-trust corpus note (Stack/Jones). This note focuses on co-ownership structure, survivorship, and severance. Bankruptcy severance and charging orders need separate checklist treatment. Always read the TR1/transfer panels for express declarations.

## What are common pitfalls?

- Assuming legal joint names automatically means 50/50 beneficial shares without reading any declaration or Stack/Jones factors
- Forgetting that survivorship operates on an unsevered beneficial joint tenancy
- Ineffective severance attempts that do not meet s.36(2) or Williams v Hensman
- Seeking partition under old law without using TOLATA procedures

## When would a practitioner use this?

Relevant in relationship breakdown, death of a co-owner, forced sale applications, and conveyancing advice on how to hold title.

## Quick reference

Legal title: joint tenancy only. Equity: JT (survivorship) or TIC (shares). Express declaration usually conclusive (Goodman v Gallant). Severance: s.36(2) notice / Williams v Hensman. Sale/occupation: TOLATA ss.14–15. Domestic quantification: Stack/Jones where no conclusive declaration.

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*Reference material from [KTTC Legal](https://kttclegal.info/), not legal advice. Work product supports instructing solicitors and barristers under their supervision. England & Wales.*