Question 75

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

In joint tenancy, the right of survivorship allows the surviving joint tenant(s) to automatically inherit the deceased tenant's share, whereas in a tenancy in common, each tenant's share can be passed on to their heirs.

A) undivided interests

While both joint tenancy and tenancy in common involve undivided interests in the property, this characteristic is not exclusive to joint tenancy. Both forms of ownership allow co-owners to have an equal right to the entire property, so this feature does not distinguish between the two.

B) unity of possession

Unity of possession refers to the principle that all co-owners have equal rights to possess the whole property. This is a characteristic shared by both joint tenancy and tenancy in common, thus making it insufficient to differentiate between the two ownership types.

C) right of survivorship

The right of survivorship is the key feature that distinguishes joint tenancy from tenancy in common. In a joint tenancy, when one co-owner dies, their share automatically transfers to the surviving co-owner(s), which is not the case in a tenancy in common where a deceased owner’s share goes to their heirs.

D) right of transfer

The right of transfer pertains to a co-owner's ability to sell or transfer their interest in the property. Both joint tenants and tenants in common have this right, so it does not serve as a distinguishing feature between the two forms of ownership.

Conclusion

The right of survivorship is the critical characteristic that differentiates joint tenancy from tenancy in common, as it directly affects the transfer of property ownership upon death. Other features like undivided interests, unity of possession, and the right of transfer are shared by both types of ownership, which is why they do not serve to distinguish between them.