Joint Tenants and Tenants in Common Act 1539

JurisdictionUK Non-devolved
Citation1539 c. 1
Year1539
Statutes made at Westminster, Anno 31 Hen VIII. and Anno Dom.1539. For Joint Tenants and Tenants in common.

(31 Hen. 8) C A P. I.

'FOrasmuch as by the common Laws of this Realm divers of the King's Subjects, being seised of Manors, Lands, Tenements and Hereditaments, as joint Tenants, or as Tenants in common with other, of any Estateof Inheritance, in their own Rights, or in the Right of their Wives, by Purchase, Descent or otherwise, and every of them so being joint Tenants, or Tenants in common, have like Right, Title, Interest and Possession in the same Manors, Lands, Tenements and Hereditaments, for their Parts or Portions jointly or in common undividedly together with other; (2) and none of them by the Law doth or may know their several Parts or Portions in the same, or that that is his or theirs, by itself undivided, and cannot by the Lawsof this Realm otherwise occupy or take the Profits of the same, or make any Severance, Division or Partition thereof, without either of their mutual Assents and Consents; (3) by reason whereof divers and many of them, being so jointly and undividedly seised of the said Manors, Lands, Tenements and Hereditaments, oftentimes of their perverse, covetous and malicious Minds and Wills, against all Right, Justice, Equity and good Conscience, by Strength and Power, not only cut and fallen down all the Woods and Trees growing upon the same, but also have extirped, subverted, pulled down and destroyed all the Houses, Edifices and Buildings, Meadows, Pastures, Commons, and the whole Commodities of the same, and have taken and converted them to their own Uses and Behoofs, to the open Wrongand Disherison and against the Minds and Wills of other holding the same Manors, Lands, Tenements and Hereditaments jointly or in common with them, and they have been always without assured Remedyfor the same.'

S-II Joint Tenants and Tenants in common are compellable to make Partition by Writs.

II Joint Tenants and Tenants in common are compellable to make Partition by Writs.

II. Be it therefore enacted by the King our most dread Sovereign Lord, by the Assent of the Lords Spiritual and Temporal, and by the Commons, in this present Parliament assembled, That all joint Tenants and Tenants in common, that now be, or hereafter shall be, of any Estate or Estates of Inheritance in their own Rights, or in the Right of their Wives, of any Manors, Lands, Tenements or Hereditaments within this Realm ofEngland, Wales , or the Marches of...

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