Problem Questions Essay Example | Topics and Well Written Essays - 3000 words

Problem Questions - Essay Example This is whereby more than one person have right of ownership of the same property regardless of the share of each person(s) in the property. However, each person has distinct rights of possession in the property from the other co-owners though they all have absolute right to the entire property. Under common tenancy, each of the co-owners has right to do what they wishes with their right of ownership to the property. Therefore, co-owners can pass their right to the possession of the property to their heirs if they so wish or can even sell their property any time they fill like. Under such situation, the third party who has inherited or has purchased the property from another person will acquire absolute right of co-ownership with the other existing co-owners. Under common tenancy, each co-owner has personal liability for payment of the property rates, maintenance fees and refurbishment cost. However, if one of the co-owners bears the entire refurbishment and maintenance charges, they have a right to claim for reimbursement from the other co-owners. ... He also paid for the repair of the house and for installation of a new kitchen as well as for electricity and gas bills from his own earnings. However, there was no agreement to show the form of relationship that existed in the ownership of the estate either at present or in the future. According to their agreement, the estate was written in the name of Amaryllis.3 They have continued to live in the same house since then. In my view, by the virtue of their conduct and mutual agreement to live together the two co-owners had entered in a common tenancy. Under this form of ownership, there was no distinction as to what proportion of the property each of the two owns. Both Amaryllis and Basil have equal access to the property and can do anything they wish with the property. However, the parties should be careful with their deeds in order to avoid infringing the rights of each party.4 Therefore, each of the party may use the property according to their wishes, but should not interfere wit h the right of the other party. Under common tenancy, each of the co-owner of the property has a right to sell or to transfer the right to another person.5 Under such a situation, the third party to whom the property has been transferred to acquire absolute light similar to that which was held by the previous owner. In the light of this information, it can be argued that in the situation where Amaryllis invited her cousin Cecily to live in the estate with her, Amaryllis agreed to share her right in the property with Basil, but Cecily had no so such right as long as Amaryllis was in the estate.6 Therefore, Cecily could only enjoy limited rights as a share of what Amaryllis enjoyed and should in no way appear to enjoy