Legal Updates

A joint tenant may not make a unique use of part of the land if the use prevents reasonable use of the other owners

June 4, 2018

A land was held in joint tenancy, where each holder used a specific built part of the land and the courtyards were in common use. One of the holders closed part of the yard and built a café there.

The Court held that joint tenancy is a joint ownership in which no joint holder has a certain part of the land. Any holder may use it without the consent of the other holder if the use is reasonable and does not preclude reasonable use of another joint holder. Here, the only area that may be used as a café was taken by one holder and therefore without the consent of all the other holders, the area may not be fenced and used exclusively in a manner that prevents its use by the rest of the owners.