Cotenancy – a tenancy with two or more cotenants who both have the right of undivided possession of the property as a whole:

     This page is continued from Tenancy >>>> Various Forms of Tenancy:

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cotenancy:
(1875)

1. A tenancy with two or more coowners, who have unity of possession.  *  Examples are a joint tenancy and tenancy in common. [1]

1. The ownership of property by two or more persons in such manner that they have an undivided possession or right to possession, but several freeholds, the term including joint tenancies, tenancies in common, and tenancies by the entirety.  20 Am J2d Coten § 1. [2]

1. The ownership of property by at least two persons (cotenants) in such a manner that they each have separate interests, but both have the right of possession of the property as a whole.  The term includes joint tenancy, a tenancy in common, and tenancy by the entirety. [3]

Various Types of Cotenancy:

joint tenancy – an estate held by two more more persons jointly, with equal rights to share in its enjoyment during their lives, and having as its distinguishing feature the right of survivorship.

tenancy in common – a tenancy by two or more persons, in equal or unequal undivided shares, each person having an equal right to possess the whole property but no right of survivorship.

References:

Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition
 by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]: Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

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