Question 13

The feature that most distinguishes a joint tenancy from a tenancy in common is the right of survivorship.

In a joint tenancy, the right of survivorship is a key feature that allows the surviving co-owners to inherit the deceased owner's share automatically, which is not the case in a tenancy in common.

A) undivided interests.

While both joint tenants and tenants in common hold undivided interests in the property, this characteristic does not distinguish between the two forms of ownership. Both types of tenancies allow for shared ownership without division of the property, making this option incorrect.

B) unity of possession.

Unity of possession refers to the right of each owner to use the entire property. This feature applies to both joint tenancy and tenancy in common, thus it does not serve to differentiate between the two forms of ownership. Therefore, this option is also incorrect.

C) right of survivorship.

The right of survivorship is the distinctive feature of a joint tenancy. It ensures that when one co-owner dies, their share automatically transfers to the surviving co-owners, bypassing probate. This characteristic does not exist in a tenancy in common, which is why this is the correct answer.

D) right of transfer.

The right of transfer allows co-owners to sell or transfer their interest in the property. This right exists for both joint tenants and tenants in common, and thus does not differentiate between the two. Therefore, this option is incorrect.

Conclusion

The right of survivorship is the defining characteristic that sets joint tenancy apart from tenancy in common. While both forms of ownership share common features such as undivided interests and unity of possession, only joint tenancy includes the right of survivorship, making it a critical aspect of this ownership type. All other options fail to provide a distinguishing feature between the two forms of ownership.