A deed in Oregon conveys property to 'Tom and Jerry as joint tenants.' Tom later executes a deed conveying his interest to himself as a tenant in common, intending to sever the joint tenancy. Under Oregon law, is this self-conveyance effective to sever the joint tenancy?
Correct Answer
C) Yes, Oregon law permits a joint tenant to sever the joint tenancy by executing a deed to themselves.
Oregon law (ORS 93.180(3)) expressly permits a joint tenant to sever a joint tenancy by executing a deed conveying their interest to themselves. This statutory provision eliminates the old common law requirement of using a 'straw man' intermediary to accomplish severance. Tom's self-conveyance is effective, and he and Jerry would then hold as tenants in common.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.
In a cooperative (co-op), the building is owned by a corporation, and residents purchase shares of stock in the corporation that entitle them to a proprietary lease on a specific unit. Residents are shareholders, not property owners.
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.
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