Humber/Ontario Real Estate Course 1 Exam Practice

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Which of the following is NOT a unity required for joint tenancy?

  1. Joint tenants must take title at the same time through the same document

  2. Joint tenants' interest can be registered at different times

  3. Joint tenants must have an identical interest in the property

  4. Joint tenants must have undivided possession of the property

  5. Joint tenants must hold equal share and possession

The correct answer is: Joint tenants' interest can be registered at different times

The correct answer indicates that joint tenants' interests cannot be registered at different times. In a joint tenancy, one of the fundamental principles is that all joint tenants must take title to the property simultaneously, which means they must be named in the same legal document at the same time. This is crucial because it establishes the unity of time, which is one of the essential unities required for joint tenancy. In addition, joint tenants must have an identical interest in the property; this means that each tenant has an equal share in the ownership. They are also required to have undivided possession of the property, meaning they all have the right to use and occupy the entire property. Lastly, holding equal share and possession is necessary to maintain the nature of joint tenancy. Thus, the statement suggesting that joint tenants' interests can be registered at different times fails to reflect the necessary unities of joint tenancy, making it the option that is not applicable in this context.