Which type of tenancy does Georgia law recognize as requiring an express statement of survivorship in the deed?

Study for the Georgia Bar Exam. Prepare with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

In Georgia, a Joint Tenancy is the type of tenancy that requires an express statement of survivorship in the deed for it to be valid. This means that for a Joint Tenancy to be established, the deed must explicitly state that the surviving owners will inherit the deceased owner's interest in the property upon their death. This requirement distinguishes Joint Tenancy from other forms of property ownership such as Tenancy in Common and Leasehold Tenancy, where survivorship rights do not automatically apply.

In a Joint Tenancy, the key characteristic is the right of survivorship, meaning when one co-owner passes away, their share automatically transfers to the surviving co-owners without the need for probate. This is an essential feature of Joint Tenancy; hence, the necessity for an express declaration in the deed to ensure that all parties recognize this right and intention clearly. Life Estate, on the other hand, deals with an interest in property that is limited to the lifetime of a person and does not include survivorship rights in the same manner as Joint Tenancy. Understanding these distinctions is critical for properly handling real estate transactions and estate planning in Georgia.

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