JOINT TENANCY. Joint tenancy exists where there has been a limitation of the same estate, by deed, will or parol, to two or more persons without words of severance. Jenks, Modern Land Law 170. Joint tenants are said to have four unities, time, title, in terest and possession ; Sassier v. Rewod linski, 130 Wis. 26, 109 N. W. 1032, 7 L. R. A. (N. S.) 701. The estate of both must arise under the same limitation; but under the statute of uses the necessity that the titles of all the joint tenants should com mence at the same time is avoided.
Every kind of property, real and personal, may be so held ; Freeman, Co-Ten. & Part. § 16.
If one • convey his whole interest to a stranger it works a severance ; but if he convey a less interest, it probably does not. The marriage of a female joint tenant is not a severance ; nor is a subsequent lease for years by the husband and the other joint tenant, reserving rent jointly ; [1897] 1 Ch. 134. Neither a devise by one joint tenant nor an encumbrance created by one joint tenant defeats the full right of the survivor.
If one of two joint tenants dies, the sur vivor becomes solely entitled to the estate; Co. Litt. 181 a; but not as against a grantee inter rime of one of the joint tenants; nor against a judgment debt on which execution had been levied in the life time of the debtor.
Survivorship has been abolished, except as to trust estates, in many states ; See Demb. Land Titles 27; it has never existed
in Ohio, Kansas, Nebraska or Idaho; id. 198; nor in Connecticut ; Washb. R. P.
The presumption is that all tenants hold ing jointly hold as tenants in common, un less a clear intention to the contrary be shown ; Webster v. Vandeventer, 6 Gray (Mass.) 428 ; Parsons v. Boyd, 20 Ala. 112; Miles v. Fisher, 10 Ohio 1, 36 Am. Dec. 61; Bambaugh v. Bambaugh, 11 S. & R. (Pa.) 191; Purdy v. Purdy, 3 Md. Ch. Dec. 547; Allen v. Logan, 96 Mo. 591, 10 S. W. 149; Hershy v. Clark, 35 Ark. 17, 37 Am. Rep. 1; Rowland v. Rowland, 93 N. C. 214. In some states this is by statute.
In some, words that would have created a joint tenancy now create a tenancy in com mon.
Where there is a devise to two or more by name without a clear intention to vest it in the survivor, it vests severally ; Gold stein v. Hammen, 236 Pa. 305, 84 Atl. 772.
Joint tenants at common law have no right to compulsory partition; Co. Litt. 187 a. They convey to each other by Re lease, in which words of inheritance are un necessary; id. 273 b. They must plead and be impleaded jointly ; id. 180 b., 195 b; but in [1880] 16 Ch. D. 63, it was held that one might sue alone for cutting timoer on the land.
See JUS ACCRESCENDI; SURVIVOR.