Tenants law: a treatise of great use, for tenants and farmers of all kinds, and all other persons whatsoever. Wherein the several natures, differences and kinds of tenures and tenants are discussed, and several cases in the law touching leases, rents, distresses, replevins, and other accidents between landlord and tenant, and tenant and tenant between themselves and others; especially such who have suffered by the late conflagration in the city of London. The second edition. By R.T. Gent.

Joynt-Tenants.

When a man being seized of cer∣tain Lands and Tenements, doth thereof enffeoff three or four, o•• more, to have and to hold to them

and their Heirs; or to hold to them∣selves, for the term of their lives, or for anothers life, and they become seized by vertue of that Feoff∣ment; these are said to be Joynt-Te∣nants.

Likewise if two or more disseize another of any Lands or Tenements, to their own use, the disseizors be Joynts-tenants; but if it be but to the use of one of them, they be not Joynt-tenants.

Now the nature of Joynt tenants is, that the whole estate shall go to the Survivour.

As, if there be Joynt-tenants in Fee-Simple, and the one of them hath issue and dyeth, the two that survive shall have the whole Tenements, and nothing thereof shall go to the issue of him that is dead: And if the se∣cond tenant have issue and dye, the third who is the Survivour shall en∣joy the whole, and shall have it in Fee-Simple to him and his Heirs.

But now there is a difference in tenants in Parcenery: for if there be three Copartners, and one hath issue and dyeth before there be any parti∣tion made, that part which belonged

to her that is deceased, shall descend to her issue. And if such a Parcener dye without issue, her part shall de∣scend to her Coheirs: so that this they have by discent, and not by Survivourship as Joynt-Tenants have.

And as the Survivourship taketh place amongst Joynt-tenants, so it doth amongst all persons who have Joynt Estate, or possession with others in Chattels Real or Perso∣nal.

As, if a Lease be made to several persons for term of years, the Survi∣vour of the Lessees shall enjoy all the Tenements during the term by ver∣tue of the Lease.

And in like manner Goods and Chattels personal, whereof there be partners, shall go to the Survivour. And if a Bond be made to many per∣sons for one Debt, and some of the Obligees dye, the Survivour shall have all the Debt: And so it is in all Covenants and Contracts amongst Partners.

There may also be Joynt-tenants for term of life, and yet they have se∣veral Inheritances.

If Lands be given to two men to hold to them for term of their lives, and to the Heirs of their two bodies, here these Donees are Joynt-tenants for term of their lives, and have se∣veral Inheritances: For if one of them have issue and dye, the Survi∣vour shall enjoy the whole during his life by Survivourship. And if the Survivour have also issue and dye, then the issue of them both shall en∣joy the estate equally between them, as tenants in common, and not Joynt∣tenants.

Now the reason why these are said to have several Inheritances, is because it is impossible for them to have an Heir between them, as a Man and a Woman may have.

Therefore the Law maketh this distinction according to reason and the form of the gift; that is, to the Heirs that one getteth on the body of his Wife; and so likewise of the o∣ther: so that by this reason it must of necessity be, that they have several inheritances.

And if after the death of the Do∣nees, the issue of one of the Donees

dye also, leaving no issue of his body Surviving, in this case the Donor or his Heirs may enter into the moyety of the Lands, as in his reversion, though the other of the Donees hath issue living.

In like manner if Lands be given to two Females and to the Heirs of one of them; in this case, the one of them; that is, she that hath it but for life, hath a freehold, and the other hath a Fee-Simple: and if she that hath the Fee dye, the other who hath the Free-hold shall enjoy the whole dur∣ing her life by vertue of her Survi∣vourship.

And if Tenements be given to two, and to the Heirs to be ingendred of the body of one of them; here the one hath Free-hold, and the other Fee-Tail.

If there be two Joynt-tenants, and they are seized of an Estate in Fee-Simple, and the one by Deed grants a Rent-charge to another out of that part which appertaines to him; now during the life of the grantor, this Rent-charge is good and effectu∣al, but it becomes void after the death of the Grantor. For the

Tenant that Surviveth shall hold all the Land by Survivourship, dis∣charged from the Rent-charge of the other.

But amongst Coheirs or Parceners it is otherwise: for if there be two Parceners in Tenements in Fee-Sim∣ple, and before partition one charg∣eth his part by his deed with a Rent∣charge, and dyeth leaving no issue, whereby his moyety descends to the other Partners; here that part shall not be freed of the Rent-charge, be∣cause he cometh to this moyety by discent as Heir at Law.

If Joynt-tenants be desirous to make partition between them, they may do it by consent and agreement amongst themselves; and such par∣tition is good and binding against each other: but unless it be done by mutual consent amongst themselves, the Law cannot enforce or com∣pel them, or either of them to do it; because Joynt-Tenants cannot have a writ de Participatione facien∣da, as tenants in Copartnership may have.

If there be a joynt Estate of Lands and Tenements made to a man and

his wife, and to a third Person, her the third Person shall have as much as the man and his wise; that is, one mo••∣ety: for the man and wife can have but half the estate, because they ar•• but one person in Law.

In like manner it is if Land were made to a man and his wife and to two others; here the man and wife can have but a third part and the two others the other two parts.

Notes

• Joynt-Te∣nants.
• Disseizor••
• Survi∣vour.
• Survi∣vourship.
• Several Inherit∣ances.
• Differ∣ence be∣tween Co∣heirs and Copart∣ners.