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Real Property β’ Concurrent Estates
PROP#048
Legal Definition
A joint tenancy with the right of survivorship requires 4 unities: (1) time, (2) title, (3) interest, and (4) possession. Further, there must be a clear expression of the right of survivorship, otherwise there is a presumption in favor of a tenancy in common.
Plain English Explanation
A "joint tenancy" is a type of concurrent estate that has a premium feature called "right of survivorship." Right of survivorship is the ability for living joint tenants to automatically absorb the interest of a tenant that dies immediately upon their death. In other words, if Amy and Bob are joint tenants with right of survivorship in Blackacre, it means they both have an equal interest in Blackacre. If Amy dies, her interest is immediately absorbed by Bob. Why is this important? Because it means that Amy's heirs do not inherit Amy's share of Blackacre.
Such a premium feature demands some pretty specific requirements in order to gain its ability. These requirements are called the 4 unities.
In order to establish that a joint tenancy exists, you must show that:
(1) The parties got their interest at the same time.
(2) The parties were given their interest by the same instrument (meaning, they were deeded the interest in the same deed)
(3) The parties have the same interest in the property, meaning they have the same type of interest and the same duration of ownership, and
(4) The parties have the same rights to possess the land.
If these 4 unities are present in the fact pattern, and there is a clear intent that the parties get the right of survivorship, then it is established and waits to kick-in upon the death of a tenant.
Such a premium feature demands some pretty specific requirements in order to gain its ability. These requirements are called the 4 unities.
In order to establish that a joint tenancy exists, you must show that:
(1) The parties got their interest at the same time.
(2) The parties were given their interest by the same instrument (meaning, they were deeded the interest in the same deed)
(3) The parties have the same interest in the property, meaning they have the same type of interest and the same duration of ownership, and
(4) The parties have the same rights to possess the land.
If these 4 unities are present in the fact pattern, and there is a clear intent that the parties get the right of survivorship, then it is established and waits to kick-in upon the death of a tenant.
Hypothetical
Hypo 1: Oz conveys Blackacre "to Amy and Bob as joint tenants with right of survivorship." Result: This is the type of explicit language generally required to form a joint tenancy with right of survivorship.
Visual Aids
Related Concepts
In assessing the rights and duties of co-tenants, are encumbrances allowed?
In assessing the rights and duties of co-tenants, what are rents and profits?
In assessing the rights and duties of co-tenants, what is a judicial partition?
In assessing the rights and duties of co-tenants, what is contribution?
In assessing the rights and duties of co-tenants, what is possession?
What are the rights and duties of co-tenants?
What effect does a testamentary disposition have on a joint tenancy with right of survivorship?
What is a concurrent estate?
What is a tenancy by the entirety and how is it severed?
What is a tenancy in common?
What is the result of a joint tenancy that is severed?
Which type of transactions may not result in severance of a joint tenancy?