§ 53 — Manner of holding by co-owners

53.—(1) In every instrument affecting registered land, co‑tenants claiming under the instrument hold the land as joint tenants unless they are described as tenants‑in‑common; and if they are described as tenants‑in‑common, the shares in the registered land to be held by them must, subject to subsection (2), be specified in the instrument.(2) Persons described as tenants-in-common are, in the absence of any expression to the contrary, presumed to be entitled in equal shares.

(3) Tenants-in-common entitled in equal shares who intend to hold their estate or interest in land as joint tenants may jointly declare by an instrument of declaration in the approved form that they hold the estate or interest in their respective shares in the registered land as joint tenants of the entire estate or interest thereof.

(4) Upon the registration of an instrument of declaration referred to in subsection (3) —(a)

where all the tenants-in-common of the entire estate or interest in the registered land are the declarants — the estate or interest which they held in their respective shares as tenants‑in‑common immediately before such registration vests in them as joint tenants; or

(b)

where not all the tenants-in-common of the entire estate or interest in the registered land are the declarants —(i)

the estate or interest which the declarants held in their respective shares as tenants‑in‑common immediately before such registration vests in the declarants as joint tenants; and

(ii)

the declarants and the other tenants‑in‑common continue to hold their estate or interest in their respective shares as tenants‑in‑common in accordance with subsections (1) and (2).

(5) Without prejudice to any rule or principle of law relating to severance of a joint tenancy, any joint tenant may sever a joint tenancy of an estate or interest in registered land by an instrument of declaration in the approved form and by serving a copy of the instrument of declaration personally or by registered post on the other joint tenants.

(6) Upon the registration of the instrument of declaration which has been duly served as required by subsection (5), the respective registered estates and interests in the registered land are held by the declarant as tenant‑in‑common with the remaining joint tenants, and the declarant is deemed to hold a share that is equal in proportion to each of the remaining joint tenants as if each and every one of them had held the registered land as tenants‑in‑common in equal shares prior to the severance.[8/2014]

(7) Where a joint tenant holds an estate or interest in registered land on trust, the severance of the joint tenancy does not affect the rights of the beneficiary of the trust or the operation of the law relating to breaches of trust.

(8) Where an application to register an instrument of declaration is made under this section, the Registrar may dispense with production of the document of title on such terms as the Registrar thinks fit and register the instrument if the Registrar is satisfied that the applicant is unable to produce the document of title on the basis that the applicant is unable to procure it despite the applicant’s best efforts.

—(1) In every instrument affecting registered land, co‑tenants claiming under the instrument hold the land as joint tenants unless they are described as tenants‑in‑common; and if they are described as tenants‑in‑common, the shares in the registered land to be held by them must, subject to subsection (2), be specified in the instrument.

(2) Persons described as tenants-in-common are, in the absence of any expression to the contrary, presumed to be entitled in equal shares.

(3) Tenants-in-common entitled in equal shares who intend to hold their estate or interest in land as joint tenants may jointly declare by an instrument of declaration in the approved form that they hold the estate or interest in their respective shares in the registered land as joint tenants of the entire estate or interest thereof.

(4) Upon the registration of an instrument of declaration referred to in subsection (3) —(a)

where all the tenants-in-common of the entire estate or interest in the registered land are the declarants — the estate or interest which they held in their respective shares as tenants‑in‑common immediately before such registration vests in them as joint tenants; or

(b)

where not all the tenants-in-common of the entire estate or interest in the registered land are the declarants —(i)

the estate or interest which the declarants held in their respective shares as tenants‑in‑common immediately before such registration vests in the declarants as joint tenants; and

(ii)

the declarants and the other tenants‑in‑common continue to hold their estate or interest in their respective shares as tenants‑in‑common in accordance with subsections (1) and (2).

(5) Without prejudice to any rule or principle of law relating to severance of a joint tenancy, any joint tenant may sever a joint tenancy of an estate or interest in registered land by an instrument of declaration in the approved form and by serving a copy of the instrument of declaration personally or by registered post on the other joint tenants.

(6) Upon the registration of the instrument of declaration which has been duly served as required by subsection (5), the respective registered estates and interests in the registered land are held by the declarant as tenant‑in‑common with the remaining joint tenants, and the declarant is deemed to hold a share that is equal in proportion to each of the remaining joint tenants as if each and every one of them had held the registered land as tenants‑in‑common in equal shares prior to the severance.[8/2014]

(7) Where a joint tenant holds an estate or interest in registered land on trust, the severance of the joint tenancy does not affect the rights of the beneficiary of the trust or the operation of the law relating to breaches of trust.

(8) Where an application to register an instrument of declaration is made under this section, the Registrar may dispense with production of the document of title on such terms as the Registrar thinks fit and register the instrument if the Registrar is satisfied that the applicant is unable to produce the document of title on the basis that the applicant is unable to procure it despite the applicant’s best efforts.