Archive for the ‘tenants in common’ Category

Ousted tenants in common need to seek remedy promptly

June 21, 2013

InĀ Ma Weineng v Ma Hook Kwan ([2013] HKEC 788, CFI) A and B were joint tenants and then (from 2007) tenants in common in equal shares of property. A and then A’s successor in title had been in exclusive possession since 1987 (both personally in possession and by retaining the entire rent derived from lettings of parts of the property). A’s successor was granted a declaration that B was now prevented by the Limitation Ordinance from bringing any action against A’s successor arising from his share in the property. A and A’s successor’s long ouster of B meant that B had lost his half share in the property. B’s title was extinguished.

Michael Lower

Each tenant in common is entitled to possession

December 8, 2010

Each tenant in common is entitled to possession of the co-owned property and a tenant in common cannot be turned out by the other or others. This is true of equitable tenants in common as well as legal tenants in common.

In Bull v Bull ([1955] 1 QB 234 CA (Eng)) a mother and son were equitable tenants in common of a house (the legal title was in the son’s name). The mother fell out with her son’s wife and the son wanted to evict his mother. He could not do so. Each tenant in common is entitled to the possession and use of the land. Neither tenant in common could turn the other out. This is true of equitable tenants in common as well as legal tenants in common.