Co-ownership of real property occurs where two or more people
are jointly registered proprietors of land, either as joint tenants
or as tenants in common. While it may seem reasonable to assume
that a co-owner is free to deal with their property as they choose,
this is not always the case.
Relevant circumstances
If co-owners are unable to agree whether jointly owned property
should be sold or transferred, the co-owner(s) wishing to sell the
property may commence proceedings in the Supreme Court under
section 66G of the Conveyancing Act 1919 (NSW). This
section empowers the Supreme Court to (among other things) order
the transfer or sale of a property.
When such orders are made the co-owners' interests in the
property are vested in trustees that are proposed by the parties
and/or appointed by the Court. A number of factors are taken into
account when the Court considers and appoints trustees, which will
usually be addressed by the party seeking the appointment and
