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Joint Tenancy in Jeopardy: Did the Kansas Court of Appeals Go Too Far in Clark v. McKee?
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Joint Tenancy in Jeopardy: Did the Kansas Court of Appeals Go Too Far in Clark v. McKee?
OverviewThe Kansas Court of Appeals recently issued a significant property-law decision in Clark v. McKee[1] involving a 40-acre Jefferson County farm and the severance of a joint tenancy with rights of survivorship. The court reached a result that may strike some as equitable under the facts. But in doing so, it may also have weakened longstanding property-law formalities that exist to protect certainty in land ownership.At its core, Clark rais…
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