Report on Joint Tenancy

Abstract

Some of the common-law rules governing joint tenancy are not in keeping with present-day circumstances. This report makes numerous recommendations for the reform of the law of joint tenancy to remove some of its more anachronistic features and allow this very popular way of holding land to better serve contemporary society. In particular, it addresses the mechanics of severance of joint tenancy and the rigidity of rules that make it impossible for joint tenants to hold unequal shares in proportion to their financial contributions to the acquisition of jointly owned property, or to add or substitute joint tenants.

Keywords: land, real property, housing, tenancy & neighbours, Land Title Act, Property Law Act, joint tenancy, severance