What is the primary feature of Tenancy in Common?

The primary feature of Tenancy in Common is unity of possession without right of survivorship. In this ownership arrangement, each co-owner has the right to possess and use the entire property, regardless of the proportional share that each one owns. This means that all tenants in common can occupy and benefit from the property as a whole.

A significant aspect of Tenancy in Common is that there is no right of survivorship, which distinguishes it from joint tenancy. If one co-owner passes away, their share of the property does not automatically transfer to the other co-owners; instead, it is inherited by their heirs or specified in a will. This allows for flexibility in how ownership can be transferred upon death and permits the co-owners to have different shares in the property, which can vary in size.

Understanding this feature is crucial as it impacts decisions regarding inheritances and the strategic management of shared property interests. In contrast to other ownership types like joint tenancy, where co-owners have a right of survivorship and equal shares, tenancy in common provides a distinct approach to shared property ownership.