What is a right that co-owners have? Give an example of a co-owner excercising this right.

LAWS 205 - co-ownership-rights of co-owners

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•
English
•
University
•
Hard
Abdullah Zahid
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4 questions
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1.
FLASHCARD QUESTION
Front
Back
A co-owner is entitled to annihilate his/her interest in the property by for example leasing their interest to a third party.
2.
FLASHCARD QUESTION
Front
Can courts restrict a co-owners right to alienate his/her interest? Why/why not?
Back
In the case of Elton, the court held that a partial restraint on alienation can be imposed, if the result of a co-owner exercising his right of alienation would be detrimental to a shared objective that is express or implied between the co-owners due to a documented or oral agreement.
3.
FLASHCARD QUESTION
Front
What did justice Young say about terms in the joint tenancy agreement that prohibit a co-owner from excercising his/her right of alienation?
Back
If a term in the joint tenancy agreement expressly prohibits a co-owner from exercising his/her right to alienation then the court may order that term to be severed. Even if severence is contrary to the intentions of the parties, the court can still hold that such a provision alienating a co-owners right of alienation is legally null.
4.
FLASHCARD QUESTION
Front
What is voluntary partition?
Back
Voluntary partition is partition with the documented consent of all the co-owners.
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