What distinguishes a joint tenancy from a tenancy in common?

The distinguishing factor of a joint tenancy is the inclusion of the right of survivorship, which means that when one joint tenant dies, their interest in the property automatically passes to the surviving joint tenants rather than being distributed through probate as is typical in a tenancy in common. This characteristic is fundamental to joint tenancies and reflects their unique feature: the survival of ownership among the remaining tenants.

In a tenancy in common, each tenant has an individual interest in the property, which can be sold, bequeathed, or transferred independently. The absence of the right of survivorship means that upon the death of a tenant in common, their interest in the property does not automatically transfer to the other co-tenants, but rather becomes part of their estate and can be inherited by heirs or beneficiaries.

This highlight of joint tenancy sets it apart from tenancy in common, making it essential in understanding the nuances of property ownership types in real property law. The other options, while they touch on aspects of property ownership, do not encapsulate the defining feature of joint tenancy in the way the right of survivorship does.