At Abstract Authority, our mission is to deliver comprehensive ownership research with precision, speed, and clarity. Whether you’re a legal professional, real estate investor, or institutional stakeholder, understanding the legal framework of ownership and tenancy is essential for due diligence, asset verification, and risk mitigation. This article breaks down the core concepts and practical implications of property ownership and tenancies.
What Is Property Ownership?
Ownership in real estate refers to a "bundle of rights" that an individual or entity holds in a parcel of land. These rights typically include possession, control, enjoyment, exclusion, and disposition.
There are several types of estates in land, but they generally fall into two categories:
- Freehold estates, such as fee simple absolute, which confer full ownership rights.
- Non-freehold estates, which are more temporary and include leasehold interests.
Types of Ownership
Ownership structures define who has legal interest in a property and how that interest can be transferred. The most common forms include:
- Sole ownership: One individual holds the title.
- Joint tenancy with right of survivorship (JTWROS): Multiple owners have equal shares, and interest automatically passes to surviving co-owners upon death.
- Tenancy in common (TIC): Co-owners may have unequal shares, and interests can be freely transferred or inherited.
- Tenancy by the entirety: Reserved for married couples, offering survivorship and protection from individual creditor claims.
- Community property: Applicable in some states, where property acquired during marriage is jointly owned.
Each structure has different implications for probate, liability, taxation, and ownership research a critical task during any transaction.
What Are Tenancies?
Tenancies refer to the legal arrangements under which a tenant occupies property owned by another. These rights are contractual but are also influenced by common law and statutory protections.
Major Types of Tenancies
- Tenancy for Years: A lease with a specific start and end date.
- Periodic Tenancy: Automatically renews (e.g., month-to-month) unless terminated.
- Tenancy at Will: Can be terminated by either party at any time.
- Tenancy at Sufferance: Occurs when a tenant remains after lease expiration without consent.
Each tenancy type creates different obligations regarding notice, eviction rights, and rent collection. Landlord-tenant law further governs maintenance responsibilities, habitability standards, and anti-retaliation protections.
Easements and Servitudes
In real estate, ownership does not always confer absolute control. Servitudes—including easements, covenants, and profits—can burden or benefit land.
- Easements grant another party the right to use the land for a specific purpose (e.g., utility lines or ingress/egress).
- Profits allow entry to extract resources like timber or minerals.
- Covenants are binding promises.
Importantly, these restrictions “run with the land,” meaning they affect all future owners unless legally terminated or modified.
Encumbrances and Title Clouds
An ownership interest can be encumbered by legal obligations such as:
- Mortgages and liens
- Restrictive covenants
- Zoning regulations
- Tax assessments
Failure to identify these restrictions can result in costly legal disputes, lost property value, or transaction delays. That’s why at Abstract Authority, our ownership reports provide a detailed review of the property's encumbrance history, ensuring that you’re not inheriting unforeseen legal issues.
Tenancy and Title Research in Action
Whether it's a joint tenancy or a commercial leasehold, confirming the structure of property rights is essential before making investment or development decisions. For example:
- An investor acquiring a rental property must understand the existing tenant leases and whether any rent-control laws apply.
- A buyer in a joint tenancy arrangement must be aware of survivorship implications to avoid probate surprises.
- A developer reviewing a parcel must check for easements that could impact access or construction rights.
Through our manual, U.S.-based research process, Abstract Authority reveals these critical details, unlike automated tools that can overlook nuanced records or outdated filings.
Why Choose Abstract Authority?
Ownership research is not just a checkbox in your due diligence it is your first line of defense against title defects, lawsuits, and transactional uncertainty. At Abstract Authority:
- We verify ownership and tenancies across all 50 states, using recorded documents and assessor data.
- We uncover chain of title issues, overlapping claims, and missing interests that generic reports miss.
Our team brings real-world title experience and a commitment. When the stakes are high, automated scraping isn’t enough—you need accurate, reviewed documentation that tells the whole story.