Wednesday, March 28, 2012
John V. Orth (William Rand Kenan, Jr. Professor of Law, University of North Carolina School of Law) recently published his article entitled, The Paradoxes of Joint Tenancies, 46 Real Prop. Trust and Est. Law 483 (Winter 2011). The Editors' Synopsis is below:
This article, a follow-up to an earlier work by the same author, scrutinizes the unique and paradoxical nature of the joint tenancy. The paradox that sits at the heart of the joint tenancy is the fact that each joint tenant owns both a part and the whole of the subject estate. The author illustrates this contradiction by examining two recent cases in which courts have divided over which aspect of the paradox, and thus which aspect of a joint tenant's ownership rights, should take priority over the other. A comparison of the two cases' outcomes show that, even now, courts disagree on the resolution of this issue, and the article concludes that, unless the joint tenancy undergoes fundamental revision, the paradox that is the result of its present form will continue to cause confusion and produce inconsistent results.