Do joint tennant or tennant in common have the same rights on owning a property?
Joint tenancies require four elements which are called the “four unities” suggesting that they must co-exist at a same moment of time: * Unity of interest: the interest of each joint tenant must be identical in nature, duration and extent. * Unity of title: the interests must arise from the same document. * Unity of possession: each joint tenant must have an equal right to occupy or possess the entire property, none holding any part separately to the exclusion of the others. The fee simple is owned by all joint tenants. * Unity of time: the interests of the joint tenants must arise or “vest” at the same time. To survive, once created, the unities of title, interest and of possession must continue to exist. Also, there is the right of survivorship, meaning if one joint tenant dies, the surviving joint tenant(s) obtain the deceased tenant’s share. Thus, in order for your brother and you to have been Joint tenants, both of your interests must have been recorded on the same deed, at the sa