1. Characteristics
a. Regarded as a single owner
b. Each tenant is seised by the share and by the whole
i. Livery of seisin replaced by the deed
c. Nothing really passes when a joint tenant dies, because the other joint tenant was seised of the whole even while the other joint tenant lived
d. Requires the 4 unities (without these it is a tenancy in common):
i. Time – interest must exist at the same time (beginning and end), any deviation makes a tenancy in common
ii. Title – interest must arise from same transaction, intestate succession can’t create joint tenancy
iii. Interest – all joint tenants have equal undivided shares and interests
iv. Possession – each joint tenant must have a right to possession of the whole, granting of exclusive possession doesn’t destroy the joint tenancy
e. Default position under Common Law – in cases of ambiguous transfers to more than one person it was the presumption
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