Tenancy Joint - Law Dictionary Search Results
Home Dictionary Name: tenancy jointJoint-tenancy
Joint-tenancy. This tenancy is created where the same interest in real or personal property is, by the act of the party, passed by the same matter of conveyance or claim in solido, and not as merchan-dise, or for purposes of speculation, to two or more persons in the same right, either simply, or by construction or operation of law jointly, with a jus accrescendi, that is, a gradual concentration of property from more to fewer, by the accession of the part of him or them that die to the survivors or survivor, till it passes to a single hand, and the joint-tenancy ceases.Anciently, joint-tenancy was favoured because it did not induce fractions of estates, and returning to early principles the (English) Land Legislation of 1925 has employed the tenure generally as the machinery by which legal estate may in such cases always be in some person, called the estate owner, who is competent to give a title to the whole estate without the concurrence of other parties. that legal estate has been ...
Tenancy, Joint
Tenancy, Joint. See JOINT TENANCY....
tenancy
tenancy pl: -cies 1 : the holding of or a mode of holding an estate in property: a : a form of ownership of property : tenure b : the temporary possession or occupancy of property that belongs to another holdover tenancy : a tenancy that arises when one remains in possession of property after the expiration of the previous tenancy (as one under a lease), that may be established as a tenancy at will by the recognition of the landlord (as by accepting rent), and that may sometimes be statutorily converted to a periodic tenancy for the same or a different term than that of the original tenancy [liable for payment of rent in a holdover tenancy] called also tenancy at sufferance joint tenancy : a tenancy in which two or more parties hold equal and simultaneously created interests in the same property and in which title to the entire property is to remain to the survivors upon the death of one of them (as a spouse) and so on to the last survivor [a right to sever the joint tenancy]...
joint tenancy (with rights of survivorship)
joint tenancy (with rights of survivorship) two or more owners share equal ownership and rights to the property. If a joint owner dies, his or her share of the property passes to the other owners, without probate. In joint tenancy, ownership of the property cannot be willed to someone who is not a joint owner. Source: U.S. Department of Housing and Urban Development ...
Per my et per tout
Per my et per tout (not of any part but of the whole). Et sic totum tenet et nihil tenet, scil, totum conjunctim et nihil per se separatum; see Myrray v. Hall, (1849) 7 CB 455. Joint tenants, by reason of the combination of entirety of interest with the power of transferring in equal shares, are said to be seised per my et per tout. 'And this,' says Littleton, 'is as much as to say, as he is seised by every parcell and by the whole, etc.'; see Co. Litt. 186 a. If any joint tenant severs by alienating his share he destroys the joint tenancy in that share and the grantee obtains no joint tenancy. See JOINT TENANTS; ENTIRETIES....
joint tenancy
joint tenancy see tenancy ...
To be distributed in joint equal proportion
To be distributed in joint equal proportion, means when such an expression appears in a Will with reference to legatees, it creates only tenancy-in-common between them and the word 'joint' is not to be considered as giving a joint interest, but the same as if the testator had said 'to my children altogether of it', Ettrike v. Ettrike, 27 ER 426....
Undivided shares in land
Undivided shares in land. Before 1926 a legal estate in undivided shares in land was held by joint tenants, tenants in common, coparceners, and by husband and wife as tenants by entireties (see those titles), but now by the Law of Property Act, 1925, s. 1 (6), a legal estate is not capable of subsisting or of being created in an undivided share inland, and by the same s. 1 (3) and ss. 34 (4), 205, and 1st Sch., Part IV., and cf. TRUST FOR SALE, such shares are to take effect as equitable interests only in the net proceeds of sale and of the rents and profits of the entirety of the land until sale, while the legal estate must be held by trustees for sale of the entire undivided property. It should be noticed that shares only are affected by these provisions. The legal estate in the joint tenancy in the entirety of the trustees for sale persists ex necessitate rei, and this is given effect to by s. 36, as amended, prohibiting severance of the legal estate in joint tenancy and providing f...
Tenancy in Common
Tenancy in Common. Legal estate in undivided shares inland has been abolished by the Law of Property Act, 1925, s. 1, which reduced the interest of tenants-in-common to that of a cestui que trust under a trust for sale of land. The following notes have been kept verbatim to explain titles as they existed immediately before 1926. This estate is created when several persons have several distinct estates, either of the same or of a different quantity, in any subject of property, in equal or unequal shares, and either by the same act or by several acts, and by several titles, and not a joint title. A tenancy-in-common will, as a rule, be construed to exist wherever the instrument creating it indicates that the land is to be held in shares, equally, or in moieties, or the nature of the transaction is such as to preclude the intention of survivorship such as an acquisition of land by partners for the purposes of their business.A tenancy-in-common differs from a joint-tenancy in this respect:...
unity
unity pl: -ties 1 : the quality or state of not being multiple : the quality or state of being one, single, whole, or the same [only if there is of ownership of the immovable and movables] 2 : an aspect (as time, title, interest, or possession) of a joint tenancy that must be identical as it relates to the cotenants [such a conveyance severs the joint tenancy by removing the unities of time and title] NOTE: At common law, all four unities were required to be present for a joint tenancy. Conveying the interests of the cotenants at the same time creates the unity of time. Conveying the interests of the cotenants in the same instrument creates the unity of title. Conveying the same interest (as fee simple absolute) to the cotenants creates the unity of interest. Conveying a common right of possession or enjoyment creates the unity of possession. ...
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