Under South Dakota law, which of the following is NOT a characteristic of tenancy in common?
Correct Answer
D) Upon the death of a co-owner, their interest passes automatically to the surviving co-owners.
Tenancy in common does NOT include the right of survivorship. Under SDCL 43-2-14, when a tenant in common dies, their interest passes to their heirs or devisees through their estate, not automatically to the surviving co-owners. The absence of survivorship rights is the primary distinction between tenancy in common and joint tenancy.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
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