A tenant-in-common holds a distinct share and may sell it without the consent of the other co-owners
A worked RES examination question on co ownership, from our Paper 1 bank — with the rule it turns on, and why each of the four options is right or wrong.
The question
Freddie protests that Mr Tan should never have been able to sell his shop share to an outsider in 2023 without his agreement. Is Freddie right?
The answer, and why
Answer: B
The rule. A tenant-in-common holds a distinct share and may sell it without the consent of the other co-owners. Only a sale of the whole property requires everyone to agree.
Why B is correct. Mr Tan held his shop interest as a tenant-in-common, so he could sell his own half share in 2023 without Freddie's agreement. Freddie's wish to keep the shop "in the family" gave him no veto.
The other options.
- A requires Freddie's consent. It is needed only to sell the whole, not one owner's share.
- C allows a sale only with the whole. A distinct share can be sold on its own.
- D rests the answer on the shared business. The right to sell one's share does not depend on that.
Exam note. Own share, sell freely; whole property, all must agree. A co-owner's sentiment is not a veto.
More on Co ownership
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