Project: Real Property Reform Project Phase 2 (2012)
Two forms of co-ownership of land exist today: joint tenancy and tenancy in common. The principal difference between them is the right of survivorship that attaches to joint tenancy. On the death of a tenant in common, the deceased’s interest in the land forms part of the deceased’s estate. When a joint tenant dies, however, the interest the deceased held in the land does not form part of the deceased’s estate and the surviving joint tenants continue as the sole owners.
The reforms proposed in the consultation paper are intended to remove some of the more anachronistic aspects of joint tenancy, clarify other aspects of the law surrounding it, and make this form of land ownership more adaptable to modern needs. The Project Committee and the Institute invite public comment on them.
Click here to download this consultative document in Adobe Acrobat (PDF) format.
We are interested in your response to this consultation paper. The tentative recommendations are those of the Project Committee and have not yet been formally adopted by the Board of Directors of the British Columbia Law Institute. The tentative recommendations in this consultation paper may be subject to revision following consideration of responses received.
How to Respond
Responses can be sent to us in one of three ways
British Columbia Law Institute
1822 East Mall
University of British Columbia
Vancouver, BC V6T 1Z1
Attention: Gregory G. Blue, Q.C.
by fax: (604) 822-0144
by e-mail: firstname.lastname@example.org
Please forward your response before 1 September 2011.
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