Severalty: The Concept of Individual Ownership in Property Law

Definition & Meaning

Severalty refers to the condition of owning property individually and exclusively. In property law, it signifies sole ownership of real estate by one person, without sharing ownership with others. This concept is important in distinguishing between different forms of property ownership, such as joint tenancy or common tenancy.

Table of content

Real-world examples

Here are a couple of examples of abatement:

Example 1: A person purchases a home solely in their name. They have complete control over the property and can sell or modify it without needing consent from others.

Example 2: A family member inherits a piece of land that is solely titled in their name, giving them full rights to manage or sell the land as they see fit. (hypothetical example)

State-by-state differences

Examples of state differences (not exhaustive):

State Ownership Rules
California Allows severalty ownership with specific tax implications.
Texas Recognizes severalty but has community property laws affecting ownership.
New York Severalty ownership is common, with specific legal requirements for property transfer.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Key Differences
Joint Tenancy Ownership shared by two or more individuals. Involves rights of survivorship, unlike severalty.
Tenancy in Common Ownership shared by two or more individuals without rights of survivorship. Each owner can sell their share independently, unlike severalty.

What to do if this term applies to you

If you are considering purchasing property in severalty, ensure you understand your rights and responsibilities as the sole owner. You may want to explore legal forms related to property ownership through US Legal Forms to simplify the process. If your situation is complex, consider consulting a legal professional for tailored advice.

Quick facts

  • Ownership Type: Individual
  • Common Legal Area: Property Law
  • Rights: Complete control over the property
  • Distinction: Different from joint ownership forms

Key takeaways

Frequently asked questions

Severalty means sole ownership of property by one individual, without sharing ownership with others.