Collective Ownership Otherwise Than by Corporations or by Means of the Trust (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 Excerpt: ...one and the same person, he is tenant in common with himself4." Tenancy in common is extinguished either--(a) "by uniting all the titles and interests in one tenant by purchase or otherwise, which brings the whole to one severalty" or (b) "by making partition between the several tenants in common, which gives them all respective severalties6." Voluntary partition could formerly be obtained by division and livery of seisin. For the partition of incorporeal hereditaments a deed was necessary, and is now required in all cases6. In compulsory partition tenants in common resembled joint tenants. They were not considered compellable at common law7, although a case in 1202 shows a claim for partition. "Adam Cisn' demands against Robert de Ashstead that he should permit the wood of Ashstead, which is common between them, to be partitioned, so that each of them may have his reasonable part therein as it falls to him8." If jurisdiction in partition claims of this kind had been universal, there would have been no need for the Statute of Henry VIII., which, as we have seen, gave to joint tenants and tenants in common the writ de partitione facienda which had formerly belonged only to co-parceners9. The subsequent treatment of tenants in 1 62, 63 Vict. c. 20, s. 1. See above, pp. 31-2. 2 Litt. s. 297. 3 See Professor Maitland in the Law Quarterly Review, 16, pp. 335354, and 17, pp. 134-5: Carr, Law of Corporations, pp. 30-32. 4 Litt. 190a: Y.B. 13 Hen. VIII. 14. 5 Blackst. Comm. n. 194. 6 Co. Litt. 169 a: 29 Car. II. c. 3: 8, 9 Vict. c. 106, s. 3. 7 Blackst. Comm. n. 194. 8 Select Civil Pleas, i. (Selden Society, 3) case 121. 9 31 Hen. VIII. c. 1: see above, p. 46. A co-parcener and the alienee common in respect of compulsory partitio...