Also known as: tenancy in common · tenants in common
Written by attorneys · grounded in primary & secondary sources — see below
A manner of concurrent ownership in which two or more persons hold undivided interests in the same property with no right of survivorship.
Select any source to read its text and confirm it supports the definition.
Mackenzie conveyed a laboratory to Jackson and Spencer as husband and wife together with their issue entering the pharmaceutical field. After divorce the interests converted to separate shares. Jackson and Spencer held the property with undivided interests allowing each to convey or encumber an individual portion.
Fiona and Quentin held an office tower as tenants in common under a fee simple conditional. Fiona sought judicial sale to liquidate her share after market shifts. The court considered whether physical division was feasible given zoning limits on subdivision.
After the decedent's death the surviving spouse received the family home under a constitutional homestead right. The probate court reduced the homestead allowance by the value of that home because the property formed part of the estate.
Pipeline Company held an easement across Blackacre while the owner of Whiteacre held a separate road easement over the same strip. Both parties used the improved portion and therefore shared the reasonable costs of repairs.
Imperial Motors sold a used vehicle to India Inoue under a contract stating the car was sold as is. The buyer later discovered defects and claimed breach of the implied warranty of merchantability. The language placed the buyer on notice that no warranty applied.
Ivy Investments and Iris Energy each owned an undivided interest in a commercial building and shared rental income from tenants. The companies maintained separate operations and did not intend to form a business association. The shared ownership alone created no partnership.
No. Joint ownership or tenancy in common does not by itself establish a partnership even when co-owners share profits from the property.
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A court may order partition by sale when physical characteristics of the land or external legal constraints such as zoning make a fair division impossible.
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Expressions like as is in common understanding exclude all implied warranties by calling the buyer's attention to the absence of warranty protection.
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…its crystallization into the formula beyond a reasonable doubt' seems to have occurred as late as 1798. It is now accepted in common law jurisdictions as the measure of persuasion by which the prosecution must convince the trier of all the essential elements of guilt." C. McCormick, Evidence § 321, pp. 681-682 (1954);…