Which unity is common to both joint tenants and tenants in common?

The unity that is common to both joint tenants and tenants in common is possession. This means that all owners in either type of ownership share the right to possess and enjoy the entire property, regardless of their individual ownership shares.

In joint tenancy, joint tenants have equal rights to the whole property, and they can act independently regarding their interests in the property, but they cannot exclude others from it. Similarly, tenants in common also have the right to possess the entire property, which means that each tenant has an undivided interest in the property and can use it fully without the consent of other co-owners.

While the other unities such as time, title, and interest may apply to joint tenants, they do not apply in the same way to tenants in common. For instance, joint tenants must acquire their interests at the same time, hold the same legal title, and have equal interests, while tenants in common do not have to adhere to these conditions. Therefore, possession stands out as the shared characteristic that encompasses both forms of ownership, emphasizing their right to use and occupy the entire property together.