364. Co-owners of the property only.

Land held in co-ownership may be the subject either of a joint tenancy or of a tenancy in common. However, the only concurrent interest in land capable of existing at law is a joint tenancy; tenancies in common exist in equity only1. Where a legal estate (not being settled land) is held by joint tenants it is held in trust2, but not so as to sever the joint tenancy in equity3.

In the case of mines4 to which persons are entitled as co-owners, each co-owner is entitled to enter and work provided he does not take more than his share