RES exam question on Land Law: Aaron and Bala held a condominium unit as joint tenants
Aaron and Bala held a condominium unit as joint tenants. In January 2026 Aaron sold his interest to his friend Chong for $600,000, and the transfer to Chong was registered in February. Aaron died in June 2026, and Bala now says the whole unit is hers. Which of the following statements is/are correct? (i) Aaron's registered transfer severed the joint tenancy, so Chong and Bala now hold as tenants-in-common. (ii) Since Aaron has died and Bala survives him, survivorship carries the share Aaron sold to Bala. (iii) Chong holds a half share, which will pass under his own will or intestacy when he dies. (iv) Since Bala never consented to the sale, Aaron's transfer could not sever the joint tenancy.
- A(iii) only
- B(i), (ii) and (iii) only
- C(ii) and (iv) only
- D(i) and (iii) only
Show answer & explanation
Answer
D. (i) and (iii) only
Explanation
Answer: (i) and (iii) only. Aaron's registered sale severed his share before he died, so survivorship had nothing to carry to Bala.(i) True. The registered sale severed: Chong took Aaron's half as tenant-in-common with Bala.(iii) True. As tenant-in-common, Chong holds a defined half share that passes under his will or intestacy.Watch out: A joint tenant's death does not trigger survivorship if he had already parted with his share.Rule: A joint tenant may sever on his own by acting on his share, for example by selling it. A severed share is held in common, passes under the holder's will or intestacy, and is outside survivorship.Source: /learn/joint-tenancy-vs-tenancy-in-common, read 1 October 2026; Land Titles Act 1993, s 53(5), which preserves the general rules of severance alongside the statutory declaration
Why the other options are wrong
- (ii) False. Bala did survive Aaron, but by June Aaron had no share left for survivorship to operate on.
- (iv) False. Severance by alienation is unilateral; no co-owner's consent is needed.
Study the concept behind this question: Joint Tenancy vs Tenancy-in-Common (Singapore)
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