What is unique about tenancy in common?

Tenancy in common is characterized by owners holding an undivided interest in the property. This means that each owner has a right to use the entire property, rather than just a specific section, regardless of the size of their ownership share. A significant aspect of tenancy in common is that each owner can transfer their interest in the property independently, without needing the consent of the other owners. This distinguishes it from other forms of ownership, where joint decision-making is necessary for transfers.

In this arrangement, the owners can also own different percentages of the property, contrary to the idea that ownership must be shared equally. Tenants in common can sell or encumber their interest in the property at any time, which allows for more flexibility in managing and disposing of their shares.

The other aspects mentioned do not align with the characteristics of tenancy in common. For example, the requirement for equal ownership or that all owners must agree on any sales contradicts the principle of independent ownership transfer that defines this type of tenancy. Understanding these elements helps clarify why the ability to transfer interest without consent is a fundamental and defining feature of tenancy in common.