tenancy

A tenancy involves an interest in realty which passes to the tenant, and a possession exclusive even of that of landlord, except as lease permits landlord's entry, and saving his right to enter to demand rent or to make repairs. Layton v. A. I. Namm & Sons, 275 A.D. 246, 89 N.Y.S.2d 72, 74, 75.

Possession or occupancy of land or premises under lease. Period of tenant's possession or occupancy. To constitute tenancy, tenant must acquire some definite control and possession of premises. Mercantile Realty Co. v. Allen Edmonds Shoe Corporation, 263 Ky. 597, 92 S.W.2d 837, 839.

See also periodic tenancy

- tenant.

@ general tenancy

A tenancy which is not fixed and made certain in point of duration by the agreement of the parties.

@ joint tenancy

An estate in fee-simple, fee-tail, for life, for years, or at will, arising by purchase or grant to two or more persons. Joint tenants have one and the same interest, accruing by one and the same conveyance, commencing at one and the same time, and held by one and the same undivided possession. The primary incident of joint tenancy is survivorship, by which the entire tenancy on the decease of any joint tenant remains to the survivors, and at length to the last survivor.

Type of ownership of real or personal property by two or more persons in which each owns an undivided interest in the whole and attached to which is the right of survivorship. Single estate in property owned by two or more persons under one instrument or act. D'Ercole v. D'Ercole, D.C.Mass., 407 F.Supp. 1377, 1380.

An estate held by two or more persons jointly, each having an individual interest in the whole and an equal right to its enjoyment during his or her life. In re Estelle's Estate, 593 P.2d 663, 665, 122 Ariz. 109.

See also cotenancy

@ periodic tenancy

Generic term descriptive of a tenancy from week to week, month to month, or year to year. Periodic tenancy is one continuing tenancy subject to termination at various rental periods rather than a series of individual and new tenancies. Rossow Oil Co., Inc. v. Heiman, 72 Wis.2d 696, 242 N.W.2d 176,180.

An estate that continues for successive periods unless terminated at end of a period by notice. State v. Fin & Feather Club, Me., 316 A.2d 351, 357

@ several tenancy

A tenancy which is separate, and not held jointly with another person

@ tenancy at sufferance

See tenant

@ tenancy at will

See tenant

@ tenancy by the entirety

A tenancy which is created between a husband and wife and by which together they hold title to the whole with right of survivorship so that, upon death of either, other takes whole to exclusion of deceased heirs. Sams v. McDonald, 117 Ga.App. 336, 160 S.E.2d 594, 597.

It is essentially a "joint tenancy," modified by the common-law theory that husband and wife are one person, and survivorship is the predominant and distinguishing feature of each. United States v. Jacobs, 111. & N. Y., 306 U.S. 363, 59 S.Ct. 551, 555, 83 L.Ed. 763.

Neither party can alienate or encumber the property without the consent of the other. It is inherited by the survivor of the two, and dissolution of marriage transforms it to tenancy in common

@ tenancy for a period

A tenancy for years or for some fixed period

@ tenancy for years

See tenant

@ tenancy from month to month

See tenant (tenant at will)

@ tenancy from period to period

A periodic tenancy which runs from month to month or from year to year (though term usually refers to period of less than one year)

@ tenancy in common

A form of ownership whereby each tenant (i.e., owner) holds an undivided interest in property. Unlike a joint tenancy or a tenancy by the entirety, the interest of a tenant in common does not terminate upon his or her prior death (i.e., there is no right of survivorship).

Assume, for example, B and C acquire real estate as equal tenants in common, each having furnished one-half of the purchase price. Upon B's prior death, his one-half interest in the property passes to his estate or heirs. Interest in which there is unity of possession, but separate and distinct titles. The relationship exists where property is held by several distinct titles by unity of possession, and is not an estate but a relation between persons, the only essential being a possessory right, as to which all are entitled to equal use and possession. De Mik v. Cargill, Okl., 485 P.2d 229, 233.

See also cotenancy

- partition

@ tenancy in coparcenary

Of historical value only today; formerly it was a form of concurrent ownership in which property was acquired by intestacy by the female line of heirs and arose only by descent. Today, it is governed by the rules of tenancy in common

@ tenancy in partnership

Real estate held by partnership.

See Uniform Partnership Act, No. 25

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