The most critical and defining distinction between a joint tenancy and a tenancy in common is the right of survivorship. In a joint tenancy, when one co-owner dies, their interest in the property automatically passes to the surviving joint tenant(s) by operation of law, avoiding probate. This feature is exclusive to joint tenancy. In a tenancy in common, a deceased owner's interest is passed to their heirs or devisees through their will or by intestate succession, as there is no right of survivorship.

A. Undivided interests, meaning each owner has the right to possess the whole property, is a characteristic shared by both joint tenancy and tenancy in common.

B. Unity of possession is the same concept as an undivided interest and is a required element for both forms of co-ownership.

D. The right to transfer one's interest during their lifetime (inter vivos) exists for both joint tenants and tenants in common, although the consequences differ.

1. New Jersey Statutes Annotated (N.J.S.A.) 46:3-17: This statute establishes that a conveyance to two or more persons (not husband and wife, partners, or fiduciaries) creates a tenancy in common, unless it is expressly stated that the grantees shall take as joint tenants. This statutory preference for tenancy in common underscores that the creation of a joint tenancy, with its right of survivorship, requires specific intent and language, making survivorship the key legal distinction.

2. New Jersey Real Estate Commission, New Jersey Real Estate Reference Guide: In the chapter on "Interests and Estates in Land," the guide defines joint tenancy by its "right of survivorship," stating, "The most significant feature of joint tenancy is the right of survivorship... Upon the death of a joint tenant, his or her interest immediately vests in the surviving joint tenant or tenants." It defines tenancy in common as having "no right of survivorship." (Specific chapter and page numbers may vary by edition, but this content is standard in the "Ownership of Real Estate" section).

3. Moynihan, C. J., & Kurtz, S. F. (2002). Moynihan's Introduction to the Law of Real Property (3rd ed.). West Academic Publishing. In Chapter 9, Section 2, "Joint Tenancy," the text states, "The outstanding characteristic of a joint tenancy is the right of survivorship (jus accrescendi)." It clarifies that this right is the primary feature distinguishing it from a tenancy in common.