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Property OwnershipForms_of_ownership_and_tenancyMEDIUM

Robert and Susan hold a parcel of land in Columbia, South Carolina as joint tenants with right of survivorship. Without Susan's knowledge, Robert conveys his interest to his friend Tom by deed. Which of the following best describes the legal effect of Robert's conveyance under South Carolina law?

Correct Answer

D) The conveyance severs the joint tenancy, and Tom and Susan now hold the property as tenants in common

Under South Carolina property law, a joint tenant may unilaterally convey his or her interest to a third party without the other joint tenant's consent. However, such a conveyance severs the joint tenancy as to the conveyed interest. Because the four unities (time, title, interest, and possession) are destroyed by the unilateral transfer, Tom receives Robert's share but takes it as a tenant in common with Susan — not as a joint tenant. Tom and Susan now hold the property as tenants in common, each owning an undivided one-half interest, and the right of survivorship no longer exists between them.

Answer Options
A
The conveyance is void because joint tenants cannot transfer their interest without the other joint tenant's consent
B
The conveyance is voidable at Susan's election because she did not consent to the transfer
C
Tom and Susan now hold the property as joint tenants with right of survivorship, replacing Robert
D
The conveyance severs the joint tenancy, and Tom and Susan now hold the property as tenants in common

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Related Topics & Key Terms

Key Terms:

joint_tenancyseverancetenancy_in_commonfour_unitiesunilateral_conveyance

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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