To own property might seem like a direct thing but it is not as simple. When it comes to real estate, many types of ownership are recognized by law. Each one type is also known as tenancy program and there are quite a few. This may prove to be very useful to those who want to venture into real estate business involving buying and selling of property.
One of the types of property ownership is shared version tenancy or joint tenancy. Here, two or more people own propertyat the same time in equal shares. In addition, the four units must be present for this type ownership to exist. These units include interest, possession, time and title.Therefore, it is necessary that all the party unitesbe 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.
For joint ownership to take place, the unity of time has to be present. This implies that parties should acquire an equal share of the property at the same exact time. If an apartment is acquired by a person and a month later decides to give half of the ownership to another, the two will not be given the same title. At this point they are only tenants in common
Another factor is the unity of title. It states that all parties have to acquire a document stating the ownership from the same instrument. This can include deeds, trusts and other documents that state claim to a particular piece of property. Furthermore, people can be joint owners if they get a titleto 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. In this arrangement, an individual has full power over a certain piece of property. Another form is the tenants in common ownership where two or more individuals take claim in the same property. In contrast to joint ownership, should one of the parties die, their interests are transferred to abeneficiary named in their will.
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.
One of the types of property ownership is shared version tenancy or joint tenancy. Here, two or more people own propertyat the same time in equal shares. In addition, the four units must be present for this type ownership to exist. These units include interest, possession, time and title.Therefore, it is necessary that all the party unitesbe 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.
For joint ownership to take place, the unity of time has to be present. This implies that parties should acquire an equal share of the property at the same exact time. If an apartment is acquired by a person and a month later decides to give half of the ownership to another, the two will not be given the same title. At this point they are only tenants in common
Another factor is the unity of title. It states that all parties have to acquire a document stating the ownership from the same instrument. This can include deeds, trusts and other documents that state claim to a particular piece of property. Furthermore, people can be joint owners if they get a titleto 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. In this arrangement, an individual has full power over a certain piece of property. Another form is the tenants in common ownership where two or more individuals take claim in the same property. In contrast to joint ownership, should one of the parties die, their interests are transferred to abeneficiary named in their will.
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.