Robert owns property in Queens and wants to deed it to his three children as joint tenants with right of survivorship. Under New York law, what specific language must be included in the deed to create this tenancy?
Correct Answer
D) "To John, Mary, and Susan Doe, jointly, with full rights of survivorship, and not as tenants in common"
New York Real Property Law §240-c requires very specific language to create a joint tenancy with right of survivorship. The deed must include both "jointly" or "as joint tenants," "with full rights of survivorship," AND "and not as tenants in common." All three elements are mandatory to overcome New York's presumption favoring tenancy in common.
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Previous Question
In New York, a deed must be acknowledged before a notary public to be eligible for recording. Michael signs a deed conveying property to Jennifer, but forgets to have it notarized. What is the legal status of this unacknowledged deed?
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In New York real estate practice, what is a "bargain and sale deed with covenant against grantor's acts"?