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CHAPTER 7

CONCURRENT OWNERSHIP

Introductory note:  This chapter examines various ways in which two or more persons may own present possessory interests in the same property. The three varieties of co-tenancy are: (1) joint tenancy  (which includes the right of survivorship; (2) tenancy in common (which does not have the right of survivorship); and (3) tenancy by the entirety, which exists only between husband and wife, and which includes not only survivorship but indestructibility, in the sense that neither party can convey his interest or otherwise destroy the right of survivorship. After we discuss these three types of co-ownership, we treat various issues involving the relation between parties (e.g., the right to possession of the premises, the duty to account for rents received from third persons, etc.).

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