undivided right
Học thuậtThân thiện
Definition
Noun: - An equal and complete interest in a property shared by multiple owners: An "undivided right" refers to a type of co-ownership where each tenant (owner) holds an equal right to possess and use the entire property, not a specific physical portion of it. No single owner can claim exclusive rights to any specific part of the property.
Usage Notes
- This term is primarily used in the context of property law and real estate.
- It describes the nature of ownership in arrangements like joint tenancy or tenancy in common.
- The key concept is unity of possession; all owners have an undivided interest in the whole property.
Examples
- Noun:
- The two sisters held the land as joint tenants, each having an undivided right to the entire parcel.
- In a tenancy in common, each party possesses an undivided right to the property, which they can sell or bequeath independently.
Advanced Usage
- "Undivided right of possession": A more formal legal phrase emphasizing the right to possess the whole property.
- The court recognized her undivided right of possession to the family estate.
Variants and Related Words
- Undivided interest (n): A synonym often used interchangeably with "undivided right," focusing on the share of ownership.
- He sold his undivided interest in the commercial building.
- Tenancy in common (n): A form of co-ownership where parties hold undivided rights, but their shares may be unequal and can be transferred separately.
- Joint tenancy (n): A form of co-ownership with undivided rights and a right of survivorship (the share of a deceased owner passes to the surviving owners).
Synonyms
- Unity of interest: A legal principle underlying undivided rights.
- Co-ownership interest: A general term for a shared ownership stake.
Related Legal Phrases
- Right of survivorship: A right often associated with joint tenancy, where an owner's undivided right passes to the surviving owners upon death.
- Because they held the property with an undivided right and a right of survivorship, the house passed entirely to the surviving brother.
Noun
- the interest in property owned by tenants whereby each tenant has an equal right to enjoy the entire property