Two siblings, Alex and Taylor, each hold an undivided interest in a piece of farmland. They inherited the property from their parents, and the will specifies no right of survivorship. Later, Taylor decides to sell their share to a friend, Jordan. What kind of ownership interest does Alex have now?
Alex holds a tenancy in common with Jordan because there was no specific provision for a right of survivorship in the inherited property. In a tenancy in common, each party has an undivided interest in the property, and these interests are freely transferable. Taylor’s sale of their interest to Jordan does not affect Alex's ownership interest or rights to the property. In contrast, a joint tenancy requires all parties to own the property simultaneously with the same title, interest, and the right of survivorship, which would have been disrupted by Taylor's sale.
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Multistate Bar Examination
Real Property
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