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Beneficial Joint Tenants – Tenancy in Common. How to find out how you own a property?

Owning your property as beneficial joint tenants means the property belongs to you and the other owner or owners jointly. Neither of the joint tenants own specific shares in the property and they cannot give away a share of the property in a will. If one of the owners dies than the survivor becomes the owner of the whole property. This happens automatically without any further formality.

If a property owned as tenants in common the property belongs to the owners jointly but each one also owns a specific share of its value. Each owner can sell or mortgage their shares and if one owner dies, then that deceased owner’s share will pass in accordance with the terms of that persons will or under the rules of intestacy, if no will has been made.

In order to ascertain the ownership of a registered property you will need the

Title Register

Once you have a copy of the register check the section headed ’Proprietorship Register’. If you look in that there may be an entry known as a Form A restriction, which reads something similar to -

“No disposition by a sole proprietor of the land (not being a trust corporation) under which capital money arises is to be registered except under an order of the Registrar or the Court”

If that entry is there, then you are most likely tenants in common. If it is not, then you are usually beneficial joint tenants.


These pages are provided for information purposes only and do not constitute legal advice. Professional legal advice should be obtained before taking or refraining from taking any action as a result of the contents of this website.

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