Question 21

Joint tenancy is distinguished from tenancy in common by the presence of the right of survivorship.

Joint tenancy is characterized by the right of survivorship, which allows the surviving joint tenant(s) to automatically inherit the deceased tenant's share, unlike in tenancy in common where shares can be passed on to heirs.

A) undivided interests.

While both joint tenancy and tenancy in common involve undivided interests in the property, this characteristic does not distinguish between the two. Undivided interests mean that all co-owners share the same level of control over the entire property, which is true for both tenancy types.

B) unity of possession.

Unity of possession refers to the equal right of all co-owners to possess the entire property, which applies to both joint tenancy and tenancy in common. Therefore, this feature does not serve as a distinguishing factor between the two forms of ownership.

C) right of survivorship.

The right of survivorship is the key distinguishing feature of joint tenancy. It ensures that upon the death of one joint tenant, their share automatically passes to the surviving joint tenant(s), rather than to their heirs, which is a fundamental difference from tenancy in common.

D) right of transfer.

The right of transfer does not specifically distinguish joint tenancy from tenancy in common, as both types of ownership allow co-owners to transfer their interests. The ability to transfer ownership does not impact the nature of the tenancy itself.

Conclusion

The right of survivorship is the definitive characteristic that sets joint tenancy apart from tenancy in common, ensuring that ownership passes directly to the surviving co-owners. In contrast, options A, B, and D either apply to both forms of ownership or do not reflect the essential differences needed to distinguish them effectively.