KembaraXtra - Legal Terms - Several Tenancy

A several tenancy is the ownership of land by one person alone, holding the entire estate absolutely and independently, rather than jointly with others. The owner possesses the whole legal and beneficial interest in the property and is entitled to exercise all rights of ownership without sharing those rights with any co-owner. Several tenancy is therefore the simplest and most complete form of land ownership.

Unlike joint tenancy or tenancy in common, there is only one owner. Consequently, there are no issues concerning co-ownership, survivorship, or division of beneficial shares. The sole owner has exclusive possession, may sell, lease, mortgage, or otherwise dispose of the property, subject only to any existing legal restrictions or encumbrances.

Several tenancy must be distinguished from the two principal forms of co-ownership:

• Joint tenancy, where co-owners together own the whole property and the right of survivorship applies.
• Tenancy in common, where each co-owner owns a distinct beneficial share, which may be unequal and may pass by will or intestacy.

For example, if Sarah purchases a house entirely in her own name and no other person has any legal or beneficial interest in it, she holds the property as a several tenant. She alone makes decisions regarding its management and disposition.

Several tenancy is the default position where property is owned by a single individual. It represents complete and undivided ownership and contrasts with the shared proprietary relationships found in co-ownership.