RES exam question on Land Law: Amir, Boon and Chandra own a property as joint tenants in equal shares
Amir, Boon and Chandra own a property as joint tenants in equal shares. Amir sells his interest to Xavier. What is the effect on the co-ownership?
- AThe whole joint tenancy is severed, so all four now hold as tenants-in-common in equal shares
- BXavier steps into Amir's place and becomes a joint tenant with Boon and Chandra by survivorship
- CThe sale is void, because one joint tenant cannot sell his interest without the other joint tenants' written consent
- DAmir's share is severed: Xavier holds one-third as tenant-in-common, while Boon and Chandra stay joint tenants
Show answer & explanation
Answer
D. Amir's share is severed: Xavier holds one-third as tenant-in-common, while Boon and Chandra stay joint tenants
Explanation
A joint tenant can sever his own share by selling it. Where one of three joint tenants sells, the buyer takes that share as a tenant-in-common, but the remaining two continue as joint tenants inter se (survivorship still operates between them).
Study the concept behind this question: Joint Tenancy vs Tenancy-in-Common (Singapore)
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