UNIT 9

CO-OWNERSHIP OF LAND FREEHOLD

Co-ownership of land freehold refers to a situation where two or more individuals hold title to the same piece of land. This type of ownership can be structured in various ways, with tenancy in common being one of the primary forms. In Nigeria, co-ownership of land is governed by principles of common law as well as specific statutes. Here, we will explore the concept of co-ownership of land freehold, focusing particularly on tenancy in common, while referencing relevant Nigerian cases and statutory provisions.

TENANCY IN COMMON

Tenancy in common is a form of co-ownership where each co-owner (tenant in common) holds an undivided share in the property. Each tenant in common has a distinct share that can be transferred, mortgaged, or bequeathed independently of the other co-owners. Unlike joint tenancy, there is no right of survivorship in tenancy in common, meaning that upon the death of one tenant, their share passes according to their will or the laws of intestacy rather than to the other co-owners. While Land Use Act 1978 primarily addresses the allocation and administration of land, it recognizes the possibility of co-ownership, including tenancy in common, under customary land tenure systems, the Property and Conveyancing Law (PCL) of Lagos State contains provisions relating to co-ownership and tenancy in common, clarifying the rights and obligations of co-owners. See the case of Akanbi v. Alao (1989) 3 NWLR (Pt. 108) 118 where the Supreme Court of Nigeria reaffirmed that in a tenancy in common, each tenant holds an undivided share in the property, which can be disposed of independently and the case of Eguamwense v. Amaghizemwen (1993) 9 NWLR (Pt. 315) 1 which highlighted the distinction between joint tenancy and tenancy in common, emphasizing the lack of right of survivorship in tenancy in common.

CHARACTERISTICS OF TENANCY IN COMMON

1. Undivided shares: this is where each tenant in common owns a specific share of the property, but the physical property is not divided. All tenants have equal rights to use the entire property.
2. Separate interests: this is where each tenant can deal with their share independently, including selling or mortgaging it.
3. No right of survivorship: this happens upon the death of a tenant in common, the tenants share passes to their heirs or as directed in their will.
4. Equal or unequal shares: this is where the tenants in common can hold equal or unequal shares in the property. The shares need not be equal unless specified otherwise.

RIGHTS AND DUTIES OF TENANTS IN COMMON

1. Right to possession: this is where each tenant in common has the right to possess and enjoy the entire property, even if their share is less than others.
2. Duty to account: this is where co-owners are generally required to account to each other for any profits derived from the property.
3. Contribution to expenses: this is where tenants in common must contribute to necessary expenses such as property taxes, maintenance, and repairs in proportion to their shares.

CREATION AND TERMINATION OF TENANCY IN COMMON

1. Creation: this is where tenancy in common can be created through express words in a deed or will. It can also arise by operation of law when a joint tenancy is severed.
2. Termination: Tenancy in common can be terminated by:
   
   1. Partition: this is where the property is physically divided, and each tenant takes their share.
   2. Sale: this is where the property is sold, and the proceeds are divided among the co-owners according to their shares.
   3. Conversion: this is where there is an agreement among the tenants to convert the tenancy in common into another form of ownership, such as joint tenancy.

CONCLUSION

Tenancy in common is a flexible form of co-ownership that allows multiple individuals to hold interests in the same property while maintaining independent control over their respective shares. Nigerian law, through case law and statutory provisions, provides a clear framework for the rights and obligations of tenants in common. Understanding these principles is crucial for anyone involved in the co-ownership of land, ensuring that their interests are protected and managed effectively.