concurrent estate – ownership or possession of property by two or more persons at the same time

     This page is also continued from  Property >>>> Interest >>>> Estate >>>>  Number of Persons Holding an Estate, and the Manner in Which its Held:

************************

concurrent estate:
(18c)

1. Ownership or possession of property by two or more persons at the same time.  *  In modern practice, there are three types of concurrent estates: tenancy in common , joint tenancy, and tenancy by the entirety. — aka concurrent interest. [1]

     Excerpt from Thomas F. Bergin & Paul G. Haskell’s Preface to Estates in Land and Future Interests (2d ed. 1 84):

     “A concurrent estate is simply an estate whether present or future, defeasible or non-defeasible, in fee simple, in tail, for life, or for years that is owned by two or more persons at the same time. 0 transfers ‘to A and B and their heirs.’ A and B own a present concurrent estate in fee simple absolute. [2]

Types of Concurrent Estates:

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 by the entirety – an (tenancy and) 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.

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.

   See also cotenancy:    

cotenancy a tenancy with two or more cotenants who both have the right of undivided possession of the property as a whole.

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]: Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 53 (2d ed. 1 84).

************************

Back to Estate and Types  of Estates

Back to Interest 

Back to  Property

Home Page

Like this website?

Donate to Wild Willpower PAC
or donate via PayPal here:

 

Disclaimer: Wild Willpower does not condone the actions of Maximilian Robespierre, however the above quote is excellent!

This website is being broadcast for First Amendment purposes courtesy of

Question(s)?  Suggestion(s)?
Distance@WildWillpower.org.
We look forward to hearing from you!