Rachel and Tom are joint tenants on a residential property in Aberdeen, South Dakota. Without Tom's knowledge, Rachel executes a deed conveying her interest to her brother Paul. After the conveyance, what is the ownership status of the property?
Correct Answer
A) Tom and Paul become tenants in common because the conveyance severed the joint tenancy.
Under South Dakota law, a joint tenant may unilaterally convey their interest to a third party. However, doing so severs the joint tenancy as to that interest. Because Paul did not acquire his interest at the same time or through the same instrument as Tom, the four unities required for joint tenancy are destroyed. Tom and Paul now hold the property as tenants in common, each with an undivided one-half interest.
Why This Is the Correct Answer
Why the Other Options Are Wrong
Deep Analysis of This Property Ownership Question
Background Knowledge for Property Ownership
Real World Application in Property Ownership
Common Mistakes to Avoid on Property Ownership Questions
Related Topics & Key Terms
Key Terms:
Related Concepts
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
More Property Ownership Questions
Idaho water rights:
West Virginia requires sellers to provide:
An easement appurtenant in Alabama:
An easement by necessity is typically created when a property is in which situation?
A Texas property owner grants an oil company the right to drill on their land. This is called:
- → Alabama's lead-based paint disclosure applies to homes built before:
- → The test to locate septic system placement is called:
- → Under Idaho Code §55-1003, what is the current homestead exemption amount that protects a homeowner's primary residence from creditors?
- → Wisconsin is a:
- → What is the homestead exemption amount that Oregon law provides to protect a qualifying homeowner's equity from most unsecured creditors?
- → In Illinois, which deed provides the greatest protection to the buyer?
- → In Vermont, joint tenancy with right of survivorship requires:
- → Pennsylvania's adverse possession statute requires occupation for:
- → Delaware follows which recording system?
- → A Virginia real estate broker advises her client that a deed conveying property with the statutory phrase 'with general warranty' is legally equivalent to including all five traditional English covenants of title by operation of Virginia law. The broker is correct. Which Virginia statute authorizes this shorthand approach, allowing the phrase 'with general warranty' to import all warranty covenants without spelling them out individually?
People Also Study
Buyer Representation Agreement
8% of exam
Land Use Controls and Regulations
8% of exam
Valuation and Market Analysis
10% of exam
Financing
12% of exam
Related Articles
Property Flyer Generator — 2026 Guide for U.S. Agents: Step-by-Step + Best Practices
Learn how Property Flyer Generator works and how U.S. real estate agents use it in 2026. Includes setup steps, practical examples, and best-practice tips.
Real Estate Exam Property Ownership & Title (2026): Deeds, Liens, Encumbrances + Practice Questions
Understand deeds, liens, encumbrances, and ownership types with exam-style practice questions and traps.
Why Real Estate Property Description Questions Get Easier Once You Sort Boundaries, Measurements, and Legal Meaning
A topic that feels clear in notes can still fail in practice if recall has not caught up with recognition. If you are searching for real estate property...