CONCURRENT ESTATES CHART

Tenancy in Common Joint Tenancy Tenancy by the Entirety

Requirement Unity in possession TTIP: Time, Title, Interest,
Possession
TTIPP: Time, Title, Interest,
Possession, Person
Transfer of Interest Does not sever tenancy in common Joint tenancy severed
Right of Survivorship? No Yes Yes
Additional Notes Mortgages:
Both joint tenants join in a
mortgage of the
property=no effect on joint
tenancy
One joint tenant mortgages
his interest=effect on joint
tenancy dependent on title
or lien theory jurisdiction
o Title: legal interest
transfers to
mortgagee severing
the joint tenancy
o Lien: mortgagee
only receives lien
on the property; no
severance
Simultaneous death: estate
of each takes one half

Rights
Each co-tenant entitled to possess the whole property
Wrongful ouster: one co-tenant wrongfully excludes other from possession from any part of the jointly held property
Rent: out-of-possession co-tenant does not have right to demand rent from co-tenant in actual possession, unless possessing co-tenant
exploited the property (permanent depreciation or effected a wrongful ouster)
Repair:
o Common law: cannot seek contribution from other co-tenant
o Modern trend: contribution may be compelled for necessary repairs if repairs were requested by repairing tenant and refused by the
others
Improvements: co-tenant has no right to seek contribution unless the improvements generate increased rents or profits; improvement costs
only recoverable in partition suit
CONCURRENT ESTATES CHART