Succession Act 1965 section 125

Persons entitled to shares in land

Section 125 deals with how co-owners of inherited land are treated for limitation (adverse possession) purposes when some or all of them take physical possession of the land.

• Where two or more persons are each entitled to a share in land from a deceased person's estate, and any of them enter into possession, they are treated as joint tenants for limitation purposes — not tenants in common.
• This joint tenancy treatment applies both among those who enter into possession and as between those who enter and any co-owners who do not.
• The rule applies regardless of whether the shares held by each person are equal or unequal.
• It does not matter whether a person entered into possession in the capacity of personal representative of the deceased, or was later granted representation to the estate.

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