The issue of property ownership looks like a simple matter but it is not as easy as it looks. Law recognizes many types of ownership in real estate. Each different type are referred to as tenancy program and there are several of them. They can be of real help especially to those who want to deal in real estate by buying and selling property.
One type of property ownership is shared version tenancy or joint tenancy. Two or more people must own property at the same time and in equal shares. Furthermore,the four types of unity must be present for this type of ownership to exist. The units include interest, possession, time and title. It is strictly necessary that all units must be in line
The unity of interest states that all parties must have the very same interests in a property. One party for example cannot have the interest of selling the property while the other has the interest of loaning it. They all have to be on the same page for unity of interest to be valid.
Joint ownership also has to comply with the unity of time. As the name suggest, individuals must have acquired their share of the property at the same time. For example if a person acquires an apartment then a month later gives half his share to another, they cannot receive the same title for the apartment. They will be tenants in common instead.
If owners of a certain piece of property acquired a document stating the ownership of property by the same instrument, the unity of title is said to exist. This documents can be deeds, wills, trusts or any document showing ownership. Additionally individuals can become joint owners if they acquire a title to a parcel by adverse possession.
Unity of possession requires each joint owner to assume the right to posses the property as a whole. This means in the event one of the owners perishes, the other will assume the other interest automatically and can treat the property as his/her own. In addition, property cannot be sold without the consent of the all the owners.
Sole ownership is another type of ownership where one has full authority over their property. Tenants in common is also a type of ownership where multiple individuals own property. Should one die, interests and ownership are transferred to beneficiaries in wills making it different from joint ownership.
Other forms of ownership include tenancy in eternity where the owners are husband and wife. Here, neither spouse can sell property without the consent of the other and if one dies the other assumes their interest automatically. It differs with community ownership, where every spouse has a different beneficiary in the event the die. All types of ownerships are based on present interests and rights. Future interests may exist and come into effect based on a contingency such as wills.
Learn more about tenancy program here .