When two or more people buy land together in Grenada, the deed has to say how they hold it. Most buyers barely notice the wording, trusting the attorney to fill it in. Yet the choice between joint tenancy and tenancy in common decides what happens to the land when one owner dies, and it can override a will. Couples, siblings, business partners and friends buying together should decide deliberately.
The two forms come from English property law, which underpins Grenada's land law. This page explains how each works, the situations in which one usually suits better than the other, how to change from one to the other and the mistakes that cause trouble. The right choice depends on personal circumstances, so take advice from a Grenadian attorney before the deed is finalised.
Joint tenancy: survivorship
Joint tenants own the whole land together, without separate shares. The defining feature is the right of survivorship: when one joint tenant dies, their interest disappears and the survivors continue to own the whole. If there are two joint tenants, the survivor becomes sole owner automatically.
Because of survivorship, land held in a joint tenancy does not pass under the deceased owner's will or by intestacy. A will leaving "my half of the house" to a child does not work if the house was held as joint tenants; the surviving co-owner takes it all. The survivor usually needs only to register evidence of the death to show sole ownership, rather than waiting for a full grant of probate in the deceased's estate, although the precise steps should be confirmed with an attorney.
Joint tenancy is popular with married couples who want the survivor to keep the home without delay or argument. It is simple and avoids the land being tied up in an estate.
Tenancy in common: separate shares
Tenants in common each own a distinct share of the land, which can be equal or unequal: half and half, or sixty and forty, for example. The shares are undivided, meaning nobody owns a particular part of the ground, but each share belongs to its owner and can be sold, mortgaged or left by will.
When a tenant in common dies, their share passes under their will, or by intestacy if there is no will. The surviving co-owners do not automatically take it. This makes tenancy in common the natural choice where owners want their share to go to their own children or relatives, or where they contributed unequal amounts.
Most family land in Grenada is, in effect, held by tenants in common, because inherited shares pass to each heir's own heirs. That is how the number of owners grows across generations.
Joint tenancy also has limits. Each joint tenant must hold an identical interest, so it cannot record unequal contributions, and survivorship can produce unexpected results if the couple separates or if the order of deaths does not match expectations.
Which form suits which situation
Married couple, shared children. Joint tenancy is common, giving the survivor the home outright. Each spouse should still make a will to deal with what happens after the second death.
Second marriages and blended families. Tenancy in common often fits better, so each spouse can leave their share to their own children, perhaps with a right for the surviving spouse to live in the home.
Siblings buying together. Tenancy in common is usually preferred, especially if one sibling has a spouse or children whose interests they want to protect.
Unequal contributions. Tenancy in common with shares recorded in proportion to contributions prevents later argument about who paid what.
Business partners and friends. Tenancy in common, with a written co-ownership agreement covering exit, costs and use, is generally the sensible structure.
Changing from one form to the other
A joint tenancy can be ended, or severed, so that the owners become tenants in common with separate shares. Under the English-derived rules followed in Grenada, severance can happen in several ways, including by agreement, by one joint tenant dealing with their interest, or by formal notice, depending on the applicable law. It is a legal step that should be documented and, where possible, registered.
Changing from tenancy in common to joint tenancy usually requires a new deed transferring the land into joint names as joint tenants. Taxes and fees may apply to such a transfer, so check the cost before deciding.
Couples who separate should think about severance promptly. If a separated spouse dies while still a joint tenant, the other may take the whole property by survivorship, even if they had agreed informally to split it. An attorney can advise on whether to sever while matters are resolved.
A worked example: two scenarios, one plot
Consider a brother and sister who buy a lot in St Andrew for equal amounts, each married with children of their own. As joint tenants, if the brother dies first, his sister becomes sole owner. His widow and children receive nothing from the land, whatever his will says, and the sister's own heirs will eventually inherit the whole. That is rarely what the brother intended.
As tenants in common in equal shares, the brother's half passes under his will to his widow or children, who become co-owners with the sister. They may not agree with her about what to do with the land, but at least each family keeps its part.
Now consider a married couple with children together, buying their home in Grand Anse. As joint tenants, when one dies the survivor owns the house outright and can sell or mortgage it without involving the children. As tenants in common, the deceased's half would pass under their will, perhaps to the children, leaving the survivor sharing ownership with them. Many couples prefer the first, but the right answer depends on the family.
Co-owning with someone who is not family
Friends and business partners increasingly buy land together in Grenada, for example to build two houses on one large lot or to develop holiday rentals. Here tenancy in common is nearly always the better choice, because neither owner usually wants the other to take everything on their death.
The deed is only part of the picture. A separate co-ownership agreement should cover how costs and taxes are shared, who may use or rent which part, how decisions are made, what happens if one owner wants to sell, whether the other has first refusal and how the price will be fixed, and how disputes will be resolved. Without such an agreement, the default legal rules apply, and they may not suit either party.
Where the plan is to divide the land later into separate lots, it is often better to subdivide and buy separate titles from the start, if the planning authority will approve the lots. Separate titles avoid co-ownership altogether and make each owner's position simpler for lenders, buyers and heirs. If either buyer is not a Grenadian citizen, the licensing position for each share should be checked with an attorney before contracts are signed.
Mistakes people make with co-ownership wording
Not reading the deed is the most common. Buyers assume the attorney knows what they want, and the attorney uses the wording that seems usual. Ask directly which form the deed creates and what that means.
Relying on a will to override survivorship is another. A will cannot pass land held as joint tenants. If you want your interest to go to someone other than the surviving co-owner, the deed must reflect that.
Failing to record unequal shares causes long arguments. If one person paid most of the price, record shares as tenants in common, or document the arrangement in a separate agreement.
Finally, forgetting the overseas angle. A co-owner who is not a Grenadian citizen may need an Alien Landholding Licence for their interest, and an heir who is not a citizen may face questions on inheriting a share. Raise these points with a Grenadian attorney at the outset.
Frequently asked questions
What is the difference between joint tenancy and tenancy in common?
Joint tenants own the land together with a right of survivorship, so the survivor takes the whole. Tenants in common own separate shares that pass under each owner's will or by intestacy when they die.
Can a will leave a share of land held as joint tenants?
No. Survivorship operates automatically on death, so the surviving joint tenant takes the deceased's interest regardless of the will. To leave a share by will, the land must be held as tenants in common.
How do you change a joint tenancy to a tenancy in common?
By severing the joint tenancy, which can be done in ways set by law, such as agreement or formal notice. It should be documented and registered. A Grenadian attorney can advise on the correct method.
Which form should a married couple choose in Grenada?
Many couples choose joint tenancy so the survivor keeps the home. In second marriages or where children from earlier relationships are involved, tenancy in common may better protect everyone. Discuss your circumstances with an attorney.
Can tenants in common own unequal shares?
Yes. Shares can reflect what each person contributed or any agreed split, such as seventy and thirty. The shares should be stated clearly in the deed to avoid disputes later.
