Conveyancing Client Instructions – Transfer (Purchaser)

Please carefully read the descriptions below and select your choice of manner of holding.

Joint Tenants

Ownership of land in common by two or more persons where there is a right of survivorship. That is, upon the death of one joint owner, the land as a whole passes to the survivor(s) it will NOT be included in your will. Your manner of holding will default to joint proprietorship if you do not specify your preference in the transfer of land document. This is common for married and de facto partners.

Tenants in Common

Ownership of land by two or more people where each person is entitled to occupy the whole of the land in common with the others, but where none of them are entitled to the exclusive possession of the land. On the death of one of the proprietors, their share does not pass on to the survivors, but passes to the executor or administrator of the deceased. You can specify that shares be equal or unequal, between people owning a parcel of land as tenants in common. This would be used if you wanted to distribute your share of the property to others not named on the title as an inheritance.