Patricia and her brother Leon own a parcel of land in Hinds County, Mississippi as joint tenants with right of survivorship. Without Patricia's knowledge, Leon conveys his interest to his friend Omar by deed. Patricia later discovers the transfer. Under Mississippi law, what is the most likely legal effect of Leon's conveyance to Omar?
Correct Answer
D) The conveyance severs the joint tenancy, and Omar and Patricia now hold as tenants in common
Under Mississippi property law, a joint tenant has the unilateral right to convey his or her interest to a third party without the consent of the other joint tenant(s). However, such a conveyance severs the joint tenancy as to the conveyed interest because the new grantee (Omar) did not acquire title at the same time, by the same instrument, or with the same interest as Patricia — destroying the four unities required for joint tenancy. As a result, Omar and Patricia become tenants in common. Omar holds Leon's former share, and Patricia retains her share, but the right of survivorship between them is extinguished.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
Community property is a system where property acquired during a marriage is owned equally by both spouses.
A freehold estate represents ownership of real property with an indefinite duration.
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