joint estate (tenancy) – 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

     This page is continued from Property >>>> Tenancy >>>> Various Forms of Tenancy >>>> Types of Cotenancy.

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joint estate:
(15c)

1. Any of the following five types of estates:

(1) a joint tenancy,
(2) a 
tenancy in common,
(3) an estate in coparcenary (a common-law estate in which coheirs hold as tenants in common),
(4) a tenancy by the entirety , or
(5) an estate in partnership. [1]

1. A joint tenancy. [3]

joint tenancy:
(17c)

1. A tenancy with two or more coowners who are not spouses on the date of acquisition and have identical interests in a property with the same right of possession.  *  A joint tenancy differs from a tenancy in common because each joint tenant has a right of survivorship to the other’s share (in some states, this right must be clearly expressed in the conveyance otherwise, the tenancy will be presumed to be a tenancy in common).  See RIGHT OF SURVIVORSHIP; SEVERANCE 0F ESTATES.   Cf. tenancy in common. [1]

1. 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, or jus accrescendi, by virtue of which the entire estate, upon the death of a joint tenant, goes to the survivor (or, in the case of more than two joint tenants, to the survivors, and so on to the last survivor), free and exempt from all charges made by his deceased cotenant or cotenants in which he did not concur.  20 Am J2d Coten § 3. [2]

1. An estate in land (EXAMPLES: a fee simple estate; a life estate; an estate for years) or in personal property (EXAMPLE: a savings account) held by two or more persons jointly, with equal rights to share in its enjoyment.  The most important feature of a joint tenancy is the right to survivorship, which means that upon the death of a joint tenant the entire estate goes tot eh survivor (or, in the case of more than two joint tenants, to the survivors, and so on to the last survivor). [3]

     Excerpt from A.C. Freeman’s Cotenancy and Partition (2d ed. 1886):

     “As joint-tenancy was a favorite of the common law, no special words or limitations were necessary to call it into being.  On the other hand, words or circumstances of negation were indispensable to avoid it.  Whenever it was shown that property had vested in two or more persons, by the same joint purchase, there arose at once, both in law and in equity, the presumption that it vested as an estate in joint-tenancy.  This presumption is liable to be overthrown in equity by proof of circumstances from which the Court may infer that the parties intended a several rather than a joint estate. [4]

     Excerpt from Thomas F. Bergin and Paul G. Haskell’s Preface to Estates in Land and Future Interests (2d ed. 1984):

     “The rules for creation of a joint tenancy are these:

  • The joint tenants must get their interests at the same time.
  • They must become entitled to possession at the same time.
  • The interests must be physically undivided interests, and
  • each undivided interest must be an equal fraction of the whole — e.g., a one-third undivided interest to each of three joint tenants.
  • The joint tenants must get their interests by the same instrument — e.g., the same deed or will.
  • The joint tenants must get the same kinds of estates — e.g., in fee simple, for life, and so on. [5]

Related Terms:

tenancy by the entirety – an estate in land or in personal property that exists between husband and wife; jointly owned with right to survivorship. . — aka estate by the entirety; estate by entireties; estate by the entireties; tenancy by the entirety; tenancy by the entireties.

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.

[4]: A.C. Freeman, Cotenancy and Partition 71 (2d ed. 1886).

[5]: Thomas F. Bergin and Paul G. Haskell, Preface to Estates in Land and Future Interests 55 (2d ed. 1984).

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Property >>>> Tenancy >>>> Various Forms of Tenancy >>>> Types of Cotenancy.

          This page is also continued from  Property >>>> Interest >>>> Estate >>>> Concurrent Estate:

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: 978-0-314-61300-4

[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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