A California deed conveys property 'to A and B as joint tenants' but does not include the phrase 'with right of survivorship.' Under California Civil Code §683, what form of ownership has been created?
Correct Answer
C) Joint tenancy with full survivorship rights, because the express declaration 'as joint tenants' satisfies §683 and survivorship attaches automatically by operation of law
California Civil Code §683 requires only that joint tenancy be 'expressly declared' in the creating instrument. The phrase 'as joint tenants' satisfies this requirement. The right of survivorship is an automatic legal incident of joint tenancy under California law and need not be separately stated. 'With right of survivorship' is common drafting practice but is not a statutory requirement.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Police power is the government's authority to enact laws and regulations to protect the public health, safety, morals, and general welfare. It is the broadest power government has over private property.
Restrictive covenants, also known as CC&Rs (Covenants, Conditions & Restrictions), are private agreements written into deeds or HOA documents that limit how property can be used. They are enforced by property owners, not the government.
Setback requirements are zoning regulations that specify the minimum distance a building or structure must be set back from property lines, streets, or other boundaries. They ensure adequate light, air, and space between structures.
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