Taylor v. Canterbury

2004

Court: Colorado Supreme Court

Facts: Taylor owned a ranch. He conveyed it to joint tenancy with Lucy Canterbury. Then he tried to quit-claim it back to tenancy in common. Then he died.

Posture: Canturbury sues to set aside the conveyance so she can still be a joint tenant.

Issue: Can one joint tenant unilaterally sever the joint tenancy?

Holding: Yes.

Rule: Just issuing a deed conveying the property is sufficient to sever the tenancy.

Reasoning: Colorado used to be all uptight about having to sever some of the four unities (i.e., has to go through a straw-person transfer, because the tenant's own interest is also severed) in order to sever co-tenancy. The court says that's archaic, and just blind servitude to form.

Dicta: Dissent: it is dangerous to set aside well-known principles of property law.