Creation of co-ownership may happen in 3 main ways:
Creation by common law (presumption)
Creation by statute
Creation by equity (presumption)

Different presumptions exist under law and equity where there is no express or implied intention set out in the transfer documentation as to the type of co-ownership
In absence of express or implied indication of the form of co-ownership the common law will presume an intention to create a joint tenancy, whilst equity will presume an intention to create a tenancy in common in respect of beneficial interest

A joint tenancy may be created by express words or legal presumption

Intention
If it could be either of the two forms of Co-ownership then intention must be determined by examining express words used in documentation
Express intention will override statutory, legal or equitable presumptions
Intention may also be implied
**If no express or implied intention, then look at presumptions.

Words indicating an intention to apportion are described as “words of severance”
Words of severance indicate an intention for each co-owner to hold separate & individual interests in land

Words limiting a co-owners entitlement to a “one half interest” or reference to “each” or a proportionate share, would infer an intention to create a tenancy in common (Public Trustee v Pfeiffle).

-1- Creation under Common Law (presumption)
The common law favours a presumption of joint tenancy
Rationale is historical:
Ensured vesting in someone
Feudal dues more easily collected
Investigation of title easier because ownership is retained by parties within co-ownership
_
Common law presumption of a Joint Tenancy will exist where there is: no express intention;
_no words of severance;
There is a strict interpretation of ‘words of severance’
There may be a TIC even where there are no ‘words of severance’
4 unities and