Also known as: in common
Written by attorneys · grounded in primary & secondary sources — see below
An undivided interest in property held concurrently with others. Each holder owns a fractional share that is freely alienable and subject to partition.
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Nina conveyed the studio lot to Renee and Katie for so long as motion pictures are produced there. After the divorce Renee and Katie took possession and operated the facilities jointly. The court recognized their concurrent ownership as tenants in common under the governing rule for such estates.
Fiona and Quentin purchased the office tower as tenants in common in fee simple conditional estates. When market shifts prompted Fiona to liquidate her share, the court addressed whether physical division was feasible given the use restrictions and leases.
After the decedent's death the surviving spouse received the family home under a constitutional homestead right. The court charged the value of that right against the spouse's separate homestead allowance because the home formed part of the estate.
Pipeline Company held an easement across Blackacre while A later obtained a road easement over the same land. When repairs became necessary the court allocated contribution obligations between the two easement holders who used the same portion of the servient estate.
Buyer purchased used machinery from Seller under a contract stating the goods were sold as is. When defects later appeared the court held that the as-is language excluded all implied warranties because it plainly called the buyer's attention to the absence of warranty protection.
Anna and Seth jointly purchased training equipment for the summer camp and divided registration fees. When a parent sued both individually the court ruled that their joint ownership and profit sharing alone did not create a partnership under the statute.
No. Joint tenancy, tenancy in common, or part ownership does not by itself establish a partnership even when the co-owners share profits from the property.
A court may order partition by sale when physical characteristics of the land or external legal constraints such as zoning make a fair and equitable physical division impossible.
The value of any constitutional homestead right received by a surviving spouse or child must be charged against the homestead allowance to the extent the family home is part of the decedent's estate.
…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);…