Oliver conveys Mountainacre to Jane and Todd as joint tenants with right of survivorship and not as “tenants in common”. What estate has been created as a result of this transaction? Describe the “four unities” test at common law.
The language of this conveyance created the joint tenancy with right of survivorship. To create the joint tenancy with right of survivorship, the “four unities” test must be met. The four unities are “time,” “title,” “interest,” and “possession,” meaning that the cotenants had to acquire their interests at the same time, under the same instrument and be entitled to the equal interest and possession of the entire estate.
Jane and Todd are climbing the mountain joined by a rope weaving the four unities of time, title, interest, and possession. Jane and Todd must be joint to survive and not to fall into the PITT . They have JITTERS (Joint Tenants with Right of Survivorship).
P = Possession
I = Interest
T = Time
T = Title