Direct ownerships

There are multiple types of direct ownership

Individual ownership (sole proprietorship)

Ownership of the land is by a single person, whose name is listed on the deed. Upon the death of the owner, the land is transferred according to the terms of his or her will.

Joint tenants

Ownership of the land is by two or more persons, and the deed states that they own jointly or jointly with right of survivorship. Upon the death of an owner, the land automatically passes to the surviving owner or owners. The will does not override this automatic transfer.

Tenants by the entirety

Ownership of the land is by spouses (and spouses only), and the deed states that they own as tenants by the entirety. Upon the death of a spouse, the land automatically passes to the surviving spouse. The will does not override this automatic transfer.

Tenants in common

Ownership of the land is by two or more persons, which may be in specific shares. If a deed does not state that the persons listed own jointly or as tenants by the entirety, then they own as tenants in common. If one person dies, his or her share passes according to the terms of his or her will, creating exponentially larger and more complicated ownerships as each owner’s share gets passed on to multiple heirs. As a result, making decisions about the land can become extremely difficult.