What type of tenancy must be established by an express act?

The concept of joint tenancy with right of survivorship indeed requires an express act to be established. This form of ownership is characterized by two or more individuals holding title to the same property, each with an equal share and the right of survivorship, meaning that when one tenant passes away, their share automatically transfers to the surviving tenant(s).

For joint tenancy to be valid and enforceable, it must be explicitly stated in the deed or title document; simply holding the property in common or in another form of tenancy does not suffice. The necessity of the express action is crucial, as it delineates the intentions of the parties involved, clearly establishing their agreement to this specific tenancy arrangement.

In contrast, other types of tenancy such as tenancy in severalty, tenancy in common, or sole tenancy can be implied or established without the need for such explicit documentation. Tenancy in common, for instance, allows co-ownership without the right of survivorship and does not require a formal declaration or express act to exist; shares can be unequal and a deceased owner's share would go to their heirs rather than the remaining tenant(s). Understanding this distinction highlights why an express act is essential for joint tenancy with right of survivorship.