Chapter 3: Simultaneous Ownership: Cotenancies

Question 1

Ouster
-Did Ed oust Frank when, after Ed slapped Frank, Ed posted no trespassing signs, posted armed guards at all entrances, and Frank, fearful of Ed and the guards, made no attempt to enter?

Answer 1

-An ouster arises when one cotenant asserts total ownership over the co-tenancy property. This assertion typically is done when the tenant in possession prevents the tenant ut of possession from asserting his or her possessory rights.

Question 2

Remedies for Ouster

-Assuming that Ed did oust Frank, what remedies are available to Frank?

Answer 2

-What one cotenant ousts another, the ousted tenant can secure one-half of the fair-rental value for the period of time that the ousted tenant was denied possession; file an action to recover possession; and seek partition by sale or in kind.

Question 3

Ouster
-Did Abel oust Baker, and therefore, obtain title to all of Blackacre by adverse possession by unilaterally placing ads in the newspaper offering to sell Blackacre over a period of many years and subsequently unilaterally executing a deed in favor of David?

Answer 3

-Ouster is when one co-tenant asserts complete owernship of the land and denies the co-tenant relationship. Assertion of ownership may be accomplished by in various ways, including the transfer of the entire fee.

Question 4

Co-tenancy v. Joint Life Estate
-In determining the interested created by Abel’s will, which used the words “jointly and together, the survivor to get all,” did Abel create a co-tenancy in common or joint tenancy), or a joint life estate with a contingent remainder in William and Xavier?

Answer 4

-In determining the interests created in a will, we look to the intent of the testator. In ascertaining the testator’s intent, we look to the words of the will itself, and extrinsic evidence.

Question 5

Consequences
-If the interests that Abel’s will created in Xavier and William were a co-tenancy, versus a joint life estate, what are the legal consequences of Xavier’s conveyance to Zev?

Answer 5

-When a joint tenant or tenant in common conveys his undivided interest, the grantee owns the interest of his grantor; when the owner of a joint life estate conveys his interest, the grantee owns only a life estate pur autre vie (a life estate for the life of the original life tenant).

Question 6

Intent of Testator
-When Abel, who volunteered his time as a drug rehabilitation counselor, devised a defeasible fee to Frank, with the prohibition that it not be used for “alcohol-related purposes,” was the prohibition violated when Frank used Whiteacre as a restaurant which sold dishes prepared with wine and brandy?

Answer 6

-In ascertaining whether a prohibition in a devise has been violated, we look to the intent of the testator. The testator’s intent is derived from the four corners of the will and extrinsic evidence.