What is the primary difference between tenancy in common and joint tenancy?

The primary difference between tenancy in common and joint tenancy revolves around the right of survivorship. In a tenancy in common, each co-owner has an individual share of the property and there is no right of survivorship. This means that when one co-owner passes away, their share does not automatically go to the other co-owners; instead, it is inherited according to their will or the laws of intestacy. Each tenant in common can sell or transfer their share independently without the consent of the other co-tenants.

In contrast, joint tenancy includes the right of survivorship, which means that if one joint tenant dies, their share automatically passes to the surviving joint tenants, not to the deceased's heirs. This key feature differentiates joint tenancy from tenancy in common and highlights the lack of survivorship rights in a tenancy in common arrangement.

The other choices don't accurately represent the essential differences: survivor rights are inherent in joint tenancy, not tenancy in common; joint tenancy does have a right of survivorship; and while it's true that both tenancies involve property rights, the critical distinction lies within the survivorship aspect rather than separate property rights.