Asked by Farza Ahmad on May 22, 2024

verifed

Verified

A characteristic of a tenancy in common is that:

A) it is a rarely used form of concurrent ownership.
B) each co-owner has an undivided interest in the property and has the right to possession.
C) there is a right of survivorship.
D) All of these.

Tenancy in Common

Tenancy in Common is a form of co-ownership where each tenant owns a separate and undivided interest in the property, which does not automatically pass to the other tenants upon death.

Concurrent Ownership

The holding of property rights by two or more parties simultaneously, often applied to real estate and implies shared interests or rights in the property.

Right to Possession

This term refers to the legal right of an individual or entity to have control over property or goods, often determined by ownership or specific legal agreements.

  • Attain an understanding of the notion of shared property ownership and the differences across its classifications.
  • Gain an understanding of the judicial methods employed in the resolution and administration of conflicts in property law, encompassing both partition processes and the rights of survivorship.
verifed

Verified Answer

VC
Vitor CamargoMay 29, 2024
Final Answer :
B
Explanation :
In a tenancy in common, each co-owner indeed has an undivided interest in the property, meaning they each have equal rights to the entire property, and each has the right to possession of the whole property. There is no right of survivorship in a tenancy in common, meaning when one owner dies, their interest in the property can be passed to their heirs or as directed by their will, rather than automatically transferring to the surviving owners. This form of ownership is not rarely used; it is quite common, especially among investors or parties who do not wish for the property to automatically pass to the other owners upon their death.