Question 75

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 remaining joint tenants to inherit the deceased tenant's share automatically, whereas in a tenancy in common, the share can be passed on to heirs.

A) undivided interests

Undivided interests refer to the ownership structure in both joint tenancies and tenancies in common, where all owners have equal rights to the entire property. Therefore, this feature does not distinguish between the two types of tenancy, making this option incorrect.

B) unity of possession

Unity of possession means that all co-owners have the right to possess the whole property. This characteristic is present in both joint tenancies and tenancies in common and does not serve to differentiate the two, rendering this option incorrect.

C) right of survivorship

The right of survivorship is the defining feature of joint tenancy, allowing the remaining co-owners to automatically inherit the deceased owner's interest in the property. This is a significant distinction from tenancy in common, where the deceased's share does not automatically transfer to the surviving owners, making this option correct.

D) right of transfer

The right of transfer allows co-owners to sell or transfer their interest in the property. This feature applies to both joint tenancies and tenancies in common, as both types of co-owners can transfer their interest to others. Hence, this option does not distinguish between the two tenancies, making it incorrect.

Conclusion

The right of survivorship is the feature that uniquely identifies joint tenancy, ensuring that the remaining tenants automatically inherit the deceased's share. In contrast, options A, B, and D either apply to both types of tenancy or do not serve as distinguishing features, affirming that C is the definitive answer.