Under modern views, what is the presumption regarding joint tenancy when conveying property to multiple people?

The presumption that arises when conveying property to multiple people under modern views is that tenancy in common is the default form of ownership unless there is a clear intent articulated to establish a joint tenancy. This principle recognizes that there is a general preference for the more flexible and less restrictive nature of tenancy in common, which allows co-owners to have distinct interests in the property, including the ability to transfer their share independently.

To create a joint tenancy, which includes the right of survivorship, the intention of the parties must be clearly expressed in the conveyance. This often requires specific language or terms that indicate the desire for such an arrangement, such as the phrase "as joint tenants" or similar explicit statements. Since joint tenancy entails unity of ownership and more complex implications regarding transfer and inheritance, the law prefers to avoid potentially unintended joint tenancy arrangements without a clear declaration from the conveyer.

In situations where the intent is ambiguous or unclear, the default assumption of tenancy in common provides a reliable framework to determine ownership interests, thereby preventing disputes over unintentional joint tenancies. This understanding reflects a broader recognition of individual ownership rights within property law.