CHAPTER 8 Co-ownership [8.10] [8.20] [8.110] Creation of Co-ownership .. [8.190] [8.300] Introduction 229 Types of Concurrent Ownership [8.30] Tenancy in common. 230 [8.40] Joint tenancy .. 231 235 [8.130] Section 35 of the Property Law Act 1974 237 [8.170] Coparcenary 240 232 [8.150] Section 36 of the Property Law Act 1974 239 [8.180] Tenancy by entireties. 241 Rights between Co-owners .. 241 242 [8.200] Rights of disposition 244 244 [8.210] Rights of occupation 245 [8.220] Right to receive income derived from the property. [8.230] Compensation for improvements [8.260] Occupation rent. 247 [8.270] Other outgoings 249 Termination of Co-ownership 250 [8.300] Conversion into a tenancy in severalty. 250 [8.310] Severance. 250 [8.490] Under the Property Law Act 1974 - partition and sale 263 INTRODUCTION [8.10] At common law, an estate or interest in land may be owned by an individual or by two or more persons concurrently. The focus of this chapter is on the latter situation, that is, the law relating to co-ownership. Before considering that topic in detail, it may be useful to discuss some more general ideas concerning the ownership of land. As with most of the property law in force in Australia today, the concepts of individual and concurrent ownership of land are common law concepts imported into Australia on the colonisation of Australia by the British. At that point in time, as discussed in [1.50], the English law of property had moved largely away from the limited notions of communal ownership of property reflected in rights of common, to something much more akin to 20th century ideas of private property; that is, that ownership of property reflects the exclusive rights that an individual or a limited number of individuals have in land. There are a number of interesting consequences that flow from the preoccupation of English law with the notion that property ownership is the preserve of the individual or small group. Copyright @ 2020. Thomson Reuters (Professional) Australia Pty Limited. All rights reserved. First, the limitations on the possibilities of extensive group ownership meant that the traditional Aboriginal relationship with land, based as it is on membership of a group which has traditional connections with the land, was a concept that was completely outside the common law framework of property rights over land. Secondly, and somewhat ironically, the changes in modern urban society have meant that group living has become desirable and the law has had to adapt to provide schemes to accommodate such wishes. This has been done by the development of community title Anne, W., Les, M., & Michael, W. (2020). Real property law in queensland. Thomson Reuters (Professional) Australia Pty Limited. Created from qut on 2022-05-06 10:15:51. [8.10] 229
Real Property Law in Queensland legislation. It is interesting to note that the cornerstone of this legislation is private individual ownership of property. Each owner receives title in fee simple to their unit, the common property is held in fee simple by the unit owners as tenants in common in shares proportionate