## Facts

- In 1948, Helen Downing and her husband bought an 88-acre farm in Carroll County, Maryland; after his death, Helen owned the farm outright.
- In 1972, Helen conveyed the farm to a third party, who immediately reconveyed it to “Helen S. Downing, widow, and John Robert Downing, as joint tenants, their heirs and assigns, forever in fee simple.”
- Before and after the 1972 conveyances, Helen permitted a farmer (John Myers) to grow and harvest crops on parts of the land for payments to Helen; Myers did not have exclusive possession.
- After 1972, Helen continued receiving the Myers payments with John Jr.’s knowledge and consent; John Jr. periodically consulted with Myers about land use.
- In 1985, Helen and John Jr. jointly executed a mortgage on the farm; the mortgage recited they held title “as joint tenants.”
- Helen died in 1987. Her will left the residuary estate equally to John Jr. and Bonnie but did not specifically devise the farm.
- Bonnie, as personal representative, asserted the farm was held as a tenancy in common so that Helen’s half passed through the estate.

## Issues

1. Whether a deed conveying property to grantees “as joint tenants” creates a joint tenancy with right of survivorship without explicitly stating “with right of survivorship.”
2. If a joint tenancy was created, whether it was severed by the ongoing crop-growing arrangement with a third party.
3. If a joint tenancy was created, whether it was severed by a mortgage executed by both joint tenants.

## Decision

- The court held the 1972 reconveyance created a joint tenancy with right of survivorship.
- The court held the Myers crop-growing arrangement did not sever the joint tenancy.
- The court held the 1985 mortgage executed by both joint tenants did not sever the joint tenancy.
- The circuit court judgment finding severance by mortgage was reversed, and the case was remanded for entry of a decree recognizing John Jr. as sole owner by survivorship.

## Legal Principles

- In Maryland, a deed that clearly conveys to named grantees “as joint tenants” in fee simple is sufficient to create a joint tenancy with survivorship, notwithstanding a general presumption favoring tenancies in common.
- A third-party land-use arrangement that does not grant exclusive possession and is accepted by both joint tenants does not, by itself, sever a joint tenancy.
- A mortgage jointly executed by all joint tenants encumbers the joint estate as a whole and does not sever the joint tenancy because the four unities remain intact.

## Conclusion

The court concluded that the farm was held in joint tenancy from 1972 through Helen’s death, was not severed by either the crop-growing arrangement or the jointly executed mortgage, and therefore passed to John Jr. by right of survivorship rather than through Helen’s estate.


Downing v. Downing, 606 A.2d 208 (Md. 1992)