unity

Under common law, "four unities" had to be present to create a joint tenancy: interest-the tenants must have one and the same interest; title-the interests must accrue by one and the same instrument or conveyance; time-the interests must commence at one and the same time; and possession-the property must be held by one and the same undivided possession. If any one of these unities were lacking, the estate was not one in joint tenancy. Robertson v. Ludwig, 12 Kan. App.2d 571, 752 P.2d 690, 695. 2 Bl.Comm. 180.

See also

@ unity of interest

As required in case of joint tenancy, means that interests must accrue by one and same conveyance. Hernandez v. Becker, C.C.A.N.M., 54 F.2d 542, 547.

It also signifies that the interests must be equal; that is, no one of joint tenants can have a greater interest in the property than each of the others, while, in the case of tenants in common, one of them may have a larger share than any of the others. However, this unity of interest requisite refers to equality among the cotenants only as to their interests in the estate; it does not relate to quality in contribution of purchase money. Carozza v. Murray, 63 Md.App. 496, 492 A.2d 1349,1352.

See unity

@ unity of possession

Joint possession of two rights by several titles. Exists for example where a person takes a lease of land from another at a certain rent, and afterwards purchases the fee-simple of such land. By this he acquires unity of possession, by which the lease is extinguished. It is also one of the essential properties of a joint estate, requiring that the joint tenants must hold the same undivided possession of the whole and enjoy same rights until death of one. Hernandez v. Becker, C.C.A.N.M., 54 F.2d 542, 547.

See unity

+ unity of possession

Joint possession of two rights by several titles, as where a lessee of land acquires the title in fee-simple, which extinguishes the lease. The term also describes one of the essential properties of a joint estate, each of the tenants having the entire possession as well of every parcel as of the whole.

@ unity of seisin

Exists where a person seised of land which is subject to an easement, profit a prendre, or similar right, also becomes seised of the land to which the easement or other right is annexed

@ unity of time

One of the four unities recognized at common law to create a joint tenancy. The interests of the parties commence at one and the same time. 2 BLComm. 181. Robertson v. Ludwig, 12 Kan.App.2d 571, 752 P.2d 690, 696.

See also unity

@ unity of title

As applied to joint tenants, signifies that they hold their property by one and the same title, while tenants in common may take property by several titles.

See unity.

The majority rule regarding water rights that all land within the watershed that forms a part of a contiguous whole belonging to one person and bordering on the water is riparian land regardless of when ownership of the part was acquired.

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