Consultation Paper on Joint Tenancy

Published: 2011-06-28 00:00:00
Paper Number:

 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.

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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

by mail:

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: [email protected]

Please forward your response before  1 September 2011.

Your response will be used in connection with the Real Property Reform Project.  It may also be used as part of future law reform work by the British Columbia Law Institute or its internal divisions. All responses will be treated as public documents, unless you expressly state in the body of your response that it is confidential. Respondents may be identified by name in the final report for the project, unless they expressly advise us to keep their names confidential. Any personal information that you send to us as part of your response will be dealt with in accordance with our privacy policy. Copies of our privacy policy may be downloaded from our website here.

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